46 Fla. L. Weekly D1974a FELIZ SOTO, Appellant, v. CARROLLWOOD VILLAGE PHASE III HOMEOWNERS ASSOCIATION, INC.; THE GREENS OF TOWN ‘N COUNTRY CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation; CITI FINANCIAL HOLDING TRUST, LLC; and ASSOCIA GULF COAST, INC., Appellees. 2nd District. Case No. 2D20-1944. September 3, 2021. Appeal from the Circuit Court for Hillsborough […]
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nsurance — Liability — Duty to defend or indemnify — Action by insurer seeking declaration that, based on policy provisions, it had no duty to defend or indemnify its insured for original or amended state court complaint against insured or the state court consent judgment that had been entered against its insured on state-court plaintiff’s claims for damages allegedly resulting from insured’s negligent performance of duties undertaken as manager of state-court plaintiff’s citrus groves — Counterclaims by state-court plaintiff alleging breach of contract based on insurer’s refusal to defend and indemnify its insured and a declaration that state court consent judgment was enforceable against insurer — District court did not err in granting summary judgment in favor of insurer on all claims and counterclaims — Because insurance policy excluded coverage for the damages alleged in the amended state court complaint, insurer had no duty to defend or indemnify, and consent judgment entered based on Coblentz agreement between state-court plaintiff and insured was unenforceable for that reason — Under Florida law, insurer’s duty to defend arises when complaint alleges facts that fairly and potentially bring suit within policy coverage — Damage to citrus groves fell within policy’s exclusion for property damage to “[t]hat particular part of real property on which you . . . are performing operations, if the ‘property damage’ arises out of these operations” — Exclusion applied to policy’s “farm care-taker” endorsement — Taken together, endorsement and exclusion meant that coverage extended to property damage caused by insured’s farm care-taker operations, but not if the damage was to real property, such as citrus groves
29 Fla. L. Weekly Fed. C276aI THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT, Plaintiff-Appellee, v. RICHARD MCKENZIE & SONS, INC., HERMANNS REAL ESTATE VENTURES, LLC, Defendants-Appellants. 11th Circuit. Case No. 18-13172. August 26, 2021. Appeal from the U.S. District Court for the Middle District of Florida (No. 8:17-cv-02106-SDM-CPT). (Before BRANCH, TJOFLAT, and ED CARNES, Circuit Judges.) […]
Torts — Cruise lines — Negligence — COVID-19 outbreak — Jurisdiction — Forum selection clause — Class action complaint against cruise lines alleging that defendants’ negligence contributed to an outbreak of COVID-19 aboard the cruise ship during transatlantic voyage beginning on March 5, 2020 — District court acted within its discretion when it dismissed plaintiff’s complaint on forum non conveniens grounds because plaintiff’s passage ticket contract included a forum selection clause requiring that all claims associated with his cruise be litigated in a court in Italy — Plaintiff has not presented evidence sufficient to meet his “heavy burden of proof” on his claim that forum selection clause is unenforceable due to unfairness — Even assuming that travel difficulties and risks associated with COVID-19 were unforeseeable at time that plaintiff agreed to forum selection clause, plaintiff has not met his burden of proving that pursuit of his claims in Italy would subject him to fundamental unfairness where he has not established that he would have to travel to Italy in order to pursue his case — Plaintiff has not presented sufficient evidence to establish that forum selection clause in his ticket contract contravenes public policy — Proposition that routine cruise ship forum selection clause is a limitation on shipowner’s liability for negligently caused personal injury that contravenes 46 U.S.C. § 30509(a) is rejected — District court did not abuse discretion by applying the forum non conveniens analysis in its modified, forum-selection-clause form — Forum selection clause is enforceable and applies to plaintiff’s claims
29 Fla. L. Weekly Fed. C244a PAUL TURNER, on his own behalf and on behalf of all others similarly situated passengers aboard the Costa Luminosa, Plaintiff-Appellant, v. COSTA CROCIERE S.P.A., COSTA CRUISE LINES, INC., Defendants-Appellees. 11th Circuit. Case No. 20-13666. Non-Argument Calendar. August 19, 2021. Appeal from the U.S. District Court for the Southern District […]
Venue — Forum non conveniens — Torts — Negligent security — Trial court abused its discretion when, after recognizing that motion to transfer had merit, it denied motion without prejudice because trial court wanted parties to attend non-binding arbitration
46 Fla. L. Weekly D1964a GLORIA S. GRAHAM, as Trustee of the WILLIAM J. GRAHAM TRUST DATED JUNE 16, 1968, et al., Appellants, v. RANDY E. VIRGIL, SR., as Personal Representative of the ESTATE OF RANDY E. VIRGIL, JR., et al., Appellees. 4th District. Case No. 4D21-877. September 1, 2021. Appeal of nonfinal order from […]
Criminal law — Probation revocation — Order — Correction — Remand for entry of revocation order which conforms with trial court’s oral pronouncement regarding conditions violated
46 Fla. L. Weekly D1942a BOBBY F. YOUNG, Appellant, v. STATE OF FLORIDA, Appellee. 2nd District. Case No. 2D20-125. September 1, 2021. Appeal from the Circuit Court for Charlotte County; Donald H. Mason, Judge. Counsel: Howard L. Dimmig, II, Public Defender, and Richard P. Albertine, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, […]