46 Fla. L. Weekly D656a DOROTHY ARCHER, Appellant, v. TOWER HILL SIGNATURE INSURANCE COMPANY, Appellee. 4th District. Case No. 4D19-3702. March 24, 2021. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Raag Singhal, Judge; L.T. Case No. CACE-18-4463 (21). Counsel: Paul B. Feltman of Alvarez, Feltman, Da Silva & Costa, PL, […]
Articles
Torts — Automobile accident — Discovery — Mental health records — Trial court departed from essential requirements of law by entering order requiring production of plaintiff’s mental health records without limitation or in camera inspection to ensure that only relevant information was disclosed connecting the mental health records either in substance or time to the claim at issue — Relief granted without prejudice for trial court to conduct in camera inspection to confirm that records are relevant and timely as to claim at issue
46 Fla. L. Weekly D653a GREGORY ERN, Petitioner, v. JANICE LOU SPRINGER and PROGRESSIVE AMERICAN INSURANCE COMPANY, Respondents. 4th District. Case No. 4D20-2107. March 24, 2021. Petition for writ of certiorari to the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Janet Croom, Judge; L.T. Case No. 31-2019-CA-000815-XXXX. Counsel: Joseph H. Graves and […]
Insurance — Fleet policy covering multiple aircraft — Limitation of liability coverage — Where fleet policy covering multiple aircraft provided liability coverage of $1 million for each occurrence, and two aircraft covered by policy collided, liability coverage for both aircraft was limited to a total of $1 million, rather than $1 million for each aircraft, for a total of $2 million — Although policy contained a separability clause confirming it applied separately to each insured aircraft, policy’s limitation of liability section, containing a “regardless” clause, provides no support for claim that policy limits can be combined, multiplied, or aggregated because of the number of aircraft involved in an accident
46 Fla. L. Weekly D648b ENDURANCE ASSURANCE CORP., Appellant, v. PERRY H. HODGES, JR., as Personal Representative of the Estate of NISHA SEJWAL; MARLRENIS SANCHEZ and PEDRO SANCHEZ, as Personal Representatives of the Estate of JORGE SANCHEZ; AURORA CECILIA SCARPATI RIPALDA, as Personal Representative of the Estate of CARLO ZANETTI SCARPATI; and MONICA DOMINGUEZ, as […]
Venue — Trial court lacked authority to sua sponte dismiss action for improper venue where parties had consented to venue
46 Fla. L. Weekly D648a PATRICE JONES, as Successor Co-Trustee of the ROBERT M. JONES, JR. TRUST dated December 28, 2007, and ANNELIESE D. JONES, Appellants, v. PATRICK SAYER, as Co-Trustee of the ROBERT M. JONES, JR. TRUST dated December 28, 2007, Appellee. 4th District. Case No. 4D20-1465. March 24, 2021. Appeal from the Circuit […]
Appeals — Certiorari — Discovery orders — Privileged documents — Work product — Wrongful death — Trial court departed from essential requirements of law by requiring defendant to produce root cause analysis and incident report after finding that these reports were prepared in ordinary course of business and constitute non-privileged, discoverable business records or, alternatively, that any work-product privilege was waived because of corporate representative’s use of the reports at her deposition — Fact that defendant required as a matter of practice that records be created after a “sentinel event” supports contention that the documents were created in anticipation of litigation — With respect to conclusory determination that any privilege was waived by corporate representative’s reference to documents during her deposition, on remand, trial court to conduct in camera inspection of video deposition to determine whether references to documents were such that privilege was waived and, if so, to determine with specificity the extent of the waiver — Whether reports should be produced regardless of privilege because of relevance and need for the documents and undue hardship in obtaining underlying information from other sources was apparently not addressed by trial court — To extent trial court on remand determines that some or all of records are protected from discovery, evidentiary hearing will be required to determine whether the reports contain information that is unobtainable elsewhere without undue hardship
46 Fla. L. Weekly D637a ONWARD LIVING RECOVERY COMMUNITY, LLC, et al., Petitioners, v. CARLOS MORMENEO and MONICA TOBON, etc., Respondents. 3rd District. Case No. 3D20-1504. L.T. Case No. 20-11087. March 24, 2021. A Writ of Certiorari to the Circuit Court for Miami-Dade County, Veronica A. Diaz, Judge. Counsel: Cole, Scott & Kissane, P.A., and […]