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Blog Posts in August, 2017

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  • Florida Fourth DCA quashes trial court order granting plaintiff leave to claim punitive damages, ruling that plaintiff and trial court failed to adhere to procedural requirements
    Florida Fourth DCA quashes trial court order granting plaintiff leave to claim punitive damages, ruling that plaintiff and trial court failed to adhere to procedural requirements

    On August 23, 2017, in Leinberger v. Magee , No. 4D17-1400, the Florida Fourth DCA granted certiorari review and quashed a trial court order granting the plaintiff leave to file a claim for punitive ...

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  • Florida Fifth DCA rules in premises liability case that defendant's incident report protected from production under work product privilege
    Florida Fifth DCA rules in premises liability case that defendant's incident report protected from production under work product privilege

    On August 25, 2017, in Ruby Tuesday, Inc. v. Metalonis , No. 5D17-1158, the Florida Fifth DCA quashed an order by the trial court compelling the defendant in a premises liability case to provide the ...

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  • Florida Fourth DCA rules that mortgage servicer did not have standing to pursue professional negligence claim against property appraiser regarding appraisal of mortgaged property
    Florida Fourth DCA rules that mortgage servicer did not have standing to pursue professional negligence claim against property appraiser regarding appraisal of mortgaged property

    On August 23, 2017, in Llano Financing Group v. Yespy , No. 4D16-2007, the Florida Fourth DCA affirmed the dismissal of a negligence complaint filed by a third-party servicer of a mortgage against an ...

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  • Florida Third DCA affirms summary judgment for plaintiffs against motor vehicle liability insurer, finds that insurer failed to comply with statutory requirements to decline coverage
    Florida Third DCA affirms summary judgment for plaintiffs against motor vehicle liability insurer, finds that insurer failed to comply with statutory requirements to decline coverage

    On August 23, 2017, in GEICO v. Mukamel , No. 3D15-2750, the Florida Third DCA affirmed a trial court’s summary judgment in favor of the plaintiffs, whose son was killed in an automobile accident due ...

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  • Florida Second DCA rules that homeowner was not required to comply with conditions precedent to filing lawsuit when homeowner's insurance company had already rejected sinkhole claim
    Florida Second DCA rules that homeowner was not required to comply with conditions precedent to filing lawsuit when homeowner's insurance company had already rejected sinkhole claim

    On August 23, 2017, in Castro v. Homeowners Choice Property & Casualty Ins. Co ., No. 2D15-5456, the Florida Second DCA reversed a summary judgment that had been granted by the trial court to the ...

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  • Florida Second DCA holds that prevailing plaintiff in medical negligence case entitled to inclusion in cost judgment of fees of treating physician who provided expert testimony
    Florida Second DCA holds that prevailing plaintiff in medical negligence case entitled to inclusion in cost judgment of fees of treating physician who provided expert testimony

    On August 25, 2017, in Santa Lucia v. Diaz , No. 2D15-4901, the Florida Second DCA ruled that the prevailing plaintiff in a medical negligence case was entitled to inclusion in the cost judgment of ...

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