46 Fla. L. Weekly D1986b MARIA MESA DE LOS ANGELES, Appellant, v. WINN-DIXIE STORES, INC., Appellee. 3rd District. Case No. 3D19-2520. L.T. Case No. 17-20195. September 8, 2021. An Appeal from the Circuit Court for Miami-Dade County, Michael A. Hanzman, Judge. Counsel: Perez Law Group P.A., and Luis N. Perez and Williams Mesa, for appellant. […]
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Torts — Automobile accident — New trial — Trial court did not abuse its discretion by denying motion for new trial in which plaintiff asserted that verdict was contrary to manifest weight of evidence, where conflicting evidence was presented at trial and jury’s verdict was product of weighing that evidence to resolve conflicts
46 Fla. L. Weekly D1986a TASHA MARIE SANTOS ALVAREZ, etc., Appellant, v. MIRIAM ACOSTA, et al., Appellees. 3rd District. Case No. 3D20-640. L.T. Case No. 13-25846. September 8, 2021. An Appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Counsel: Law Offices of Oscar Syger, P.A., and Oscar Syger (Boca Raton), for […]
Insurance — Personal injury protection — Coverage — Affirmative defenses — Waiver — Trial court erred in entering summary judgment in favor of medical provider based on conclusion that insurer waived its no-coverage defense by paying other claims arising from the same accident — Coverage or restrictions on coverage cannot be extended by doctrine of waiver — Insurer showed that its policy excluded coverage for named insured or any relative while occupying a motor vehicle owned by named insured but not listed under policy, a circumstance that applied in instant case — Remand with instructions to enter summary judgment in favor of insurer
46 Fla. L. Weekly D1942b UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. STAND-UP MRI OF MIAMI, INC., a/a/o Omaira Perez, Appellee. 3rd District. Case No. 3D21-71. L.T. Case Nos. 09-333 SP; 19-310 AP. September 1, 2021. An appeal from the County Court for Miami-Dade County, Linda Diaz, Judge. Counsel: Michael J. Neimand, for appellant. George A. […]
Attorney’s fees — Offer of judgment — Judgment obtained — Post-offer prejudgment interest is excluded from the “judgment obtained” that is compared to a rejected settlement offer when determining entitlement to attorney’s fees under section 768.79, Florida Statutes
46 Fla. L. Weekly S259a CCM CONDOMINIUM ASSOCIATION, INC., etc., Petitioner, v. PETRI POSITIVE PEST CONTROL, INC., etc., Respondent. Supreme Court of Florida. Case No. SC19-861. September 9, 2021. Application for Review of the Decision of the District Court of Appeal Certified Great Public Importance/Certified Direct Conflict of Decisions. Fourth District – Case No. 4D18-1290 […]
Torts — Automobile accident — Attorney’s fees — Offer of judgment — Judgment obtained — Calculation — Taxable costs — Trial court erred in determining that plaintiff was entitled to recover attorney’s fees under section 768.79 because the court miscalculated the “judgment obtained” by including preoffer costs that were not taxable on date plaintiff’s proposal for settlement was served — Fees plaintiff prepaid for expert depositions were not taxable where neither expert’s deposition had been taken when the proposal was served — While expert deposition fees could have been taxed in trial court’s discretion if plaintiff had established that it was necessary to prepay the deposition fee in order to get on expert’s schedule and that payment was nonrefundable, plaintiff did not establish that here
46 Fla. L. Weekly D1972b The Estate of ELFRIEDE Z. SWEENEY, deceased, and STATE FARM MUTUAL INSURANCE COMPANY, Appellants, v. GLORIA R. WASHINGTON, Appellee. 2nd District. Case Nos. 2D20-1848 & 2D20-2520 (Consolidated). September 3, 2021. Appeal from the Circuit Court for Polk County; John M. Radabaugh and Gerald P. Hill, II, Judges. Counsel: DeeAnn J. […]