INSURANCE: COMMERCIAL RESIDENTIAL PROPERTY INSURANCE: APPRAISAL: MEDIATION: SECTION 627.7015, FLORIDA STATUTES: RETROACTIVE APPLICATION TO POLICY ISSUED BEFORE AMENDMENT EXPANDING SCOPE OF STATUTE TO COMMERCIAL RESIDENTIAL INSURANCE POLICIES: TWO PRONG TEST: LEGISLATIVE INTENT AND CONSTITUTIONALITY

Florida Insurance Guaranty Association v. Devon Neighborhood Association, Inc., ___ So. 3d ___, 36 Fla. L. Weekly S311 (Fla. 6/30/11)

The trial court denied FIGA’s motion to compel arbitration of a condominium association’s claim for hurricane damage because the association had not been provided with notice, under Section 627.7015, Florida Statutes, of the availability of mediation.  When the statute was … Click To Read Full Case Law Review...

CIVIL PROCEDURE: DISMISSAL FOR LACK OF PROSECUTION: ANY ACTIVITY DURING 60 DAY GRACE PERIOD PRECLUDES DISMISSAL

Chemrock Corporation v. Tampa Electric Company, ___ So. 3d ___, 36 Fla. L. Weekly S318 (Fla. 6/30/11)

In Wilson v. Salamon, 923 So. 2d 363 (Fla. 2005), the Florida Supreme Court adopted a bright line test to apply in cases involving dismissal for lack of prosecution. Under this test, any record activity precludes dismissal. Less than two months after … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: PREMISES LIABILITY: INDEPENDENT CONTRACTOR DEFENSE; EVIDENCE: THE APPLICABILITY OF AN OSHA REGULATION WAS A MATTER OF LAW FOR THE COURT RATHER THAN A MATTER OF EXPERT OPINION

Strickland v. TIMCO Aviation Services, Inc., ___ So. 3d ___, 36 Fla. L. Weekly D1420 (Fla. 1st DCA 6/30/11)

The owner of an airplane hanger hired a painting contract to pressure clean the roof of the hanger and to repair and maintain the skylights on the roof.  The chlorine mixture the contractor used to pressure clean the roof temporarily … Click To Read Full Case Law Review...

CIVIL PROCEDURE: DISMISSAL FOR LACK OF PROSECUTION: MOTION TO WITHDRAW AND REQUEST FOR TIME TO OBTAIN OTHER REPRESENTATION

Nastasi v. Carver, ___ So. 3d ___, 36 Fla. L. Weekly D1423 (Fla. 1st DCA 6/30/11)

A motion to withdraw coupled with a request for time to obtain other representation, which was filed during the 60 day grace period after notice of ten months of record inactivity, was sufficient to avoid dismissal for lack of prosecution.  [The appellate court … Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE: CAUSATION; CIVIL PROCEDURE: NEW TRIAL: MANIFEST WEIGHT OF THE EVIDENCE: LAY TESTIMONY THAT CONFLICTS WITH UNIFORM EXPERT TESTIMONY

Schmidt v. Van, ___ So. 3d ___, 36 Fla. L. Weekly D1425 (Fla. 1st DCA 6/30/11)

The trial court erred by granting the plaintiff’s motion for new trial in a personal injury case arising from a motor vehicle accident that occurred in 2007.  The defense focused on medical causation rather than liability, and the jury found that the plaintiff … Click To Read Full Case Law Review...