Insurance: General Lines Agents, Authority To Bind Insurer, Notice of Limitation of Authority, Incorporation By Reference

Citizens Property Insurance Corporation v. European Woodcraft & Mica Design, Inc., ___ So. 3d ___, 35 Fla. L. Weekly D2168 (Fla. 4th DCA 9/29/10)

The insurance company appointed the agent as its licensed Florida agent and supplied it with an agency number and application forms. At the request of the applicant, the agent obtained a quote for windstorm … Click To Read Full Case Law Review...

VENUE: IMPROPER TO TRANSFER VENUE FROM ONE PROPER FORUM TO ANOTHER WITHOUT A SHOWING THAT TRANSFER IS NECESSARY FOR THE CONVENIENCE OF THE PARTIES OR WITNESSES OR THE INTERESTS OF JUSTICE

Resor v. Welling, ___ So. 3d ___, 35 Fla. L. Weekly D2143 (Fla. 5th DCA 9/24/10)

The trial court erred by transferring venue from the proper venue selected by the petitioner to another proper venue.  “Where venue is proper in more than one county, the petitioner has the right to select one of the appropriate counties and it is … Click To Read Full Case Law Review...

VOIR DIRE: PEREMPTORY CHALLENGE, GENDER NEUTRAL REASON, GENUINENESS; APPEALS: CONFESSION OF ERROR NOT BINDING ON APPELLATE COURT

Hayes v. State, ___ So. 3d ___, 35 Fla. L. Weekly D2137 (Fla. 1st DCA 9/23/10)

The trial court denied a criminal defendant’s peremptory challenge of a prospective female juror on the ground that his gender neutral explanation for the challenge was not genuine.  The appellate court affirmed because the trial court’s ruling was not clearly erroneous even though … Click To Read Full Case Law Review...

APPEALS: CERTIORARI; DISCOVERY: AMENDMENT 7

Baldwin v. Shands Teaching Hospital and Clinics, Inc., ___ So. 3d ___, 35 Fla. L. Weekly D2139 (Fla. 1st DCA 9/23/10)

The failure to provide records of an adverse medical incident, required by Amendment 7, is reviewable by petition for certiorari.

A respondent cannot avoid producing records under Amendment 7 by conducting its own internal investigation and concluding that … Click To Read Full Case Law Review...

Prejudgment Interest

Bosem v. Musa Holdings, Inc., ___ So. 3d ___, 35 Fla. L. Weekly S515 (Fla. 9/23/10)

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The Fourth District Court of Appeal erred by reversing the trial court’s award of prejudgment interest. The plaintiff sued for lost profits based upon price erosion. Even though the trial court determined that plaintiff’s damages were not liquidated, he awarded prejudgment interest based … Click To Read Full Case Law Review...