INSURANCE: PROPERTY INSURANCE: WINDSTORM: BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING IS SUBSUMED UNDER SECTION 624.155, FLORIDA STATUTES: VIOLATION OF HURRICANE DEDUCTIBLE NOTICE REQUIREMENTS DOES NOT CREATE A PRIVATE CAUSE OF ACTION OR INVALIDATE THE DEDUCTIBLE PROVISION OF THE POLICY: SECTION 627.701 (4)(a), FLORIDA STATUTES; APPEALS: AN INSURANCE COMPANY THAT POSTS A SUPERSEDEAS BOND IS NOT REQUIRED TO PAY A JUDGMENT DURING THE APPELLATE PROCESS: FLA. R. APP. P. 9.310(b)

QBE Insurance Corporation v. Chalfonte Condominium Apartment Association, Inc., ___ So. 3d ___, 37 Fla. L. Weekly S395 (Fla. May 31, 2012)

A condominium association sued its windstorm insurer for failing to provide coverage, violating the implied covenant of good faith and fair dealing, and violating Section 627.701(4)(a), Florida Statutes, which prescribes the point size and wording of the … Click To Read Full Case Law Review...

CRIMINAL LAW: READ-BACK OF TRIAL TESTIMONY

State v. Barrow, ___ So. 3d ___, 37 Fla. L. Weekly S387 (Fla. May 31, 2012)

During its deliberations in a murder trial, the jury asked for transcripts of the testimony of the defendant and four key witnesses. The trial court instructed the members of the jury that transcripts were not available and to rely upon the evidence presented during … Click To Read Full Case Law Review...

CRIMINAL LAW: READ-BACK OF TRIAL TESTIMONY

Hazuri v. State, ___ So. 3d ___, 37 Fla. L. Weekly S391 (Fla. May 31, 2012)

The Florida Supreme Court “adopt[ed] the following two rules: (1) a trial court should not use any language that would mislead a jury into believing read-backs are prohibited, and (2) when a jury requests trial transcripts, the trial judge should deny the request, but … Click To Read Full Case Law Review...

CONTRACTS: PROMISSORY NOTE: LACK OF CONSIDERATION

Broide v. Alvarez, ___ So. 3d ___, 37 Fla. L. Weekly D1271 (Fla. 4th DCA May 30, 2012)

The appellate court reversed judgment on a promissory note because the sole consideration for the note was an operational agreement, and the operational agreement was invalidated for lack of mutual assent. “Because the Operational Agreement is invalid and because that agreement was … Click To Read Full Case Law Review...

ATTORNEY’S FEES: SANCTIONS: MEDIATION: FLA. R. CIV. P. 1.730(c): SPECIFIC FINDINGS: FEES FOR LITIGATING FEES

Cox v. Great American Insurance Company, ___ So. 3d ___, 37 Fla. L. Weekly D1271 (Fla 4th DCA May 30, 2012)

The appellate court reversed an award of fees under Fla. R. Civ. P. 1.730(c), which authorizes fees as a sanction for breaching or failing to perform under a mediation agreement, because the trial court did not make “specific factual … Click To Read Full Case Law Review...