46 Fla. L. Weekly D835 UNITED AUTOMOBILE INSURANCE COMPANY, etc., Appellant, v. GABLES REHAB, INC., etc., Appellee. 3rd District. Case No. 3D21-91. L.T. Case Nos. 19-243AP; 11-1525CC. April 14, 2021. An Appeal from the County Court for Miami-Dade County, Lawrence D. King, Judge. Counsel: Michael J. Neimand, for appellant. David B. Pakula, P.A., and David […]
Articles
Wrongful death — Automobile accident — Jurors — Peremptory challenge — Race neutral explanation — Genuineness — New trial — Evidence — Trial court did not abuse its discretion in granting a new trial based on its improper denial of plaintiff’s peremptory challenge of juror — Trial court failed to apply proper legal standard in denying plaintiff’s peremptory strike of juror where it failed to recognize the presumption that plaintiff was exercising her peremptory challenge in a nondiscriminatory manner and hold defendants to their burden of proving purposeful discrimination — Fact that juror was sole African American juror left on the panel is, standing alone, insufficient to override a genuine race-neutral challenge — Trial court erred in granting a new trial based on its determination that verdict finding one of the defendants 100% liable for the fatal accident was against the manifest weight of the evidence — Order shows that trial court improperly re-weighed the evidence and acted as a seventh juror in doing so — Trial court erred in permitting jury to hear evidence related to defendant’s driving history where not only was the evidence unduly prejudicial, but the citations bore no similarity to the circumstances at issue and had no relevance to defendant’s alleged negligence at the time of the accident — Trial court erred in granting defendant’s motion notwithstanding verdict which asserted that defendant should not be liable for the total amount of damages to co-defendant’s tractor-trailer — A new-trial order and order for judgment notwithstanding verdict are mutually inconsistent and may not be granted simultaneously unless granted on the express condition that the order granting the judgment notwithstanding verdict only becomes effective if the order granting new trial is reversed on appeal, which did not happen in this case
46 Fla. L. Weekly D861a WILLIE LAFAYETTE, individually, and SOUTHEASTERN FREIGHT LINES, INC., Appellants/Cross Appellees, v. SAMUEL A. MOODY, individually, RITA GENOVESE, individually, and as Personal Representative of the Estate of MICHAEL A. GENOVESE, Appellees/Cross Appellants. 4th District. Case No. 4D18-3687. April 14, 2021. Appeal and cross-appeal from the Circuit Court for the Nineteenth Judicial […]
Workers’ compensation — Prosthetic devices — Limitation of actions — Claimant who had screws and rods inserted in her spine as a result of an injury occurring in 1990 — Judge of compensation claims erred in rejecting employer/carrier’s statute of limitations defense to claim for pain management and a replacement mechanical bed — While applicable 1989 version of workers’ compensation law contained an exemption from its statute of limitations to the right for remedial attention relating to the insertion or attachment of a prosthetic device, there is no evidence that either the prosthesis, or the surgery required to insert it, is causing the need for the requested benefits as opposed to the underlying condition that necessitated the prosthesis in the first place — Fact that claimant may have a prosthetic device is not, standing alone, sufficient to prevent statute of limitations from accruing
46 Fla. L. Weekly D793a DECA MANUFACTURING CORPORATION and SOUTHERN OWNERS INSURANCE CO./AUTO-OWNERS INSURANCE CO., Appellants, v. FAYE O. BECKETT, Appellee. 1st District. Case No. 1D19-3441. April 8, 2021. On appeal from an order of the Judge of Compensation Claims. Stephen L. Rosen, Judge. Date of Accident: February 24, 1990. Counsel: Therese A. Savona of […]
Evidence — Rule of completeness — Appeals — Claim that trial court erred by not requiring state to present full video of car chase pursuant to rule of completeness was not preserved for appeal where defendant failed to proffer the omitted portion of the video after defendant was invited to do so by trial court
46 Fla. L. Weekly D798a JERRY FRANKLIN MIMS, Appellant, v. STATE OF FLORIDA, Appellee. 1st District. Case No. 1D20-1673. April 8, 2021. On appeal from the Circuit Court in Nassau County. James Daniel, Judge. Counsel: Jessica J. Yeary, Public Defender, and Maria Ines Suber, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and […]
Insurance — Homeowners — Attorney’s fees — Trial court erred in awarding attorney’s fees and costs in favor of insureds where filing of lawsuit was not a necessary catalyst to resolve dispute — Where insurer admitted coverage for damage to interior of home, but denied coverage for damage to roof, the dispute over cause of loss to roof was an amount of loss issue for appraisers, not a coverage issue for court — Where insurer demanded appraisal prior to filing of lawsuit by insured, and indicated that it would repair any damage awarded in appraisal, the filing of lawsuit was not a necessary catalyst to resolve dispute over roof damage
46 Fla. L. Weekly D787a PEOPLE’S TRUST INSURANCE COMPANY, Appellant, v. VINCENT FARINATO and BERNADETTE FARINATO, Appellees. 4th District. Case No. 4D20-866. April 7, 2021. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey R. Levenson, Judge; L.T. Case No. CACE18-24427(09). Counsel: Joshua S. Beck of Beck Law, P.A., Boca Raton, […]