INJUNCTIONS: INJUNCTION AGAINST REPEAT VIOLENCE: PROFANITY: VAGUE THREATS FROM A DISTANCE: NO ACTS OF VIOLENCE

Waddell v. DeLorenzo, ­­­___ So. 3d ___, 38 Fla. L. Weekly D226 (Fla. 5th DCA December 28, 2012)

A synopsis of the original opinion in this case was published in this blog on December 28, 2012.  The court has since issued a corrected opinion, but the substance of the decision remains the same.… Click To Read Full Case Law Review...

INSURANCE: HOMEOWNERS INSURANCE: CONDITION PRECEDENT: FAILURE TO FILE TIMELY PROOF OF LOSS: WAIVER OF CONDITION: PARTIAL COOPERATION; CIVIL PROCEDURE: SUMMARY JUDGMENT

Makryllos v. Citizens Property Insurance Corporation, ___ So. 3d ___, 38 Fla. L. Weekly D67 (Fla. 2d DCA December 28, 2012)

The appellate court reversed summary judgment for the homeowners’ insurer.  Although the insured failed to comply with the condition of the policy to provide proof of loss within sixty days after it was initially requested by the insurer, the … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE; CIVIL PROCEDURE: ENTRY OF EX PARTE DEFAULT AGAINST PARTY WHO INTENDED TO DEFEND

JP Morgan Chase Bank, N.A. v. Wells Fargo Bank, N.A., ___ So. 3d ___, 38 Fla. L. Weekly D73 (Fla. 5th DCA December 28, 2012)

Wells Fargo was the plaintiff in one foreclosure case in which Chase was a defendant, and Chase was the plaintiff in separate foreclosure case, involving the same property, in which Well Fargo was a … Click To Read Full Case Law Review...

INJUNCTIONS: INJUNCTION AGAINST REPEAT VIOLENCE: PROFANITY: VAGUE THREATS FROM A DISTANCE: NO ACTS OF VIOLENCE

Waddell v. DeLorenzo, ­­­___ So. 3d ___, 38 Fla. L. Weekly D74 (Fla. 5th DCA December 28, 2012)

The appellate court reversed an injunction for protection against repeat violence based on profanity and “vague,” unacted upon “threats from a distance.”  The trial court lacked the power “to enter an injunction to provide a ‘cooling off period’ of about … Click To Read Full Case Law Review...

INSURANCE: UNINSURED MOTORIST COVERAGE: UNAUTHORIZED SETTLEMENT WITH TORTFEASOR: FAILURE TO PROVIDE NOTICE OF UNDERINSURED MOTORIST CLAIM: NOTICE TO, AND CONSENT FROM, BROKER OR AGENT: PREJUDICE; CIVIL PROCEDURE: SUMMARY JUDGMENT

Gay v. Association Casualty Insurance Company, ___ So. 3d ___, 38 Fla. L. Weekly D74 (Fla. 5th DCA December 28, 2012)

The trial court entered summary judgment in favor of the uninsured motorist carrier on the ground that the insured entered into an unauthorized settlement with the tortfeasor and failed to provide notice of his underinsured motorist claim.  The … Click To Read Full Case Law Review...