INSURANCE: HOMEOWNERS’ INSURANCE: APPLICATIONS: MISREPRESENTATION: POLICY DID NOT ADOPT A MORE STRINGENT STANDARD THAT SECTION 627.409, FLORIDA STATUTES, BY PROVIDING THAT POLICY WOULD BE VOID IF INSURED INTENTIONALLY CONCEALED OR MISREPRESENTED ANY MATERIAL FACT OR CIRCUMSTANCE; CONTRACTS: RULES OF CONSTRUCTION: HEADINGS AND SUBHEADINGS OF DOCUMENT DO NOT DICTATE ITS MEANING

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Universal Property and Casualty Insurance Company v. Johnson, ___ So. 3d ___, 38 Fla. L. Weekly D950 (Fla. 1st DCA April 30, 2013)

The insurance company denied the insureds’ claim for the accidental destruction of their home by fire because the wife misrepresented in the application for insurance that she had not been convicted of a felony in the … Click To Read Full Case Law Review...

ATTORNEYS: CHARGING LIEN; CIVIL PROCEDURE: DISCOVERY: PERSONAL MEDICAL AND FINANCIAL RECORDS; APPEALS: CERTIORARI

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Walther v. Ossinsky & Cathcart, P.A., ___ So. 3d ___, 38 Fla. L. Weekly D944 (Fla. 5th DCA April 26, 2013)

The law firm filed a notice and amended notice of charging lien to which the client objected because the notices did not reflect that the firm provided services that produced a tangible benefit for the client.  The law … Click To Read Full Case Law Review...

CREDITORS’ REMEDIES: TRIAL COURT DENIED DUE PROCESS OF LAW BY MAKING FINAL ADJUDICATION ON PETITION FOR REPLEVIN DURING PRELIMINARY HEARING; APPEALS: CERTIORARI

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Mears v. Lamb, ___ So. 3d ___, 38 Fla. L. Weekly D892 (Fla. 1st DCA April 24, 2013)

The petitioner filed an action in county court for replevin of property.  Based upon Section 78.067(2), Florida Statutes, the county court issued an order to show cause why the property should not be turned over to the petitioner pending the final … Click To Read Full Case Law Review...

CIVIL PROCEDURE: ERROR TO GRANT MOTION TO DISMISS WITHOUT LEAVE TO AMEND

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West Kendall Holdings, LLC v. Downrite Engineering Corporation, ___ So. 3d ___, 38 Fla. L. Weekly D894 (Fla. 3d DCA April 24, 2013)

The appellate court reversed an order dismissing one count of a complaint with prejudice because “a plaintiff is entitled to amend a complaint once as [a matter] of right before a responsive pleading is filed,” and … Click To Read Full Case Law Review...

NURSING HOMES: ARBITRATION AGREEMENT SIGNED BY INVALIDLY DESIGNATED HEALTH CARE SURROGATE

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Jenner v. Manor Pines Convalescent Center, LLC, ___ So. 3d ___, 38 Fla. L. Weekly D895 (Fla. 4th DCA April 24, 2013)

The trial court granted the nursing home’s motion to compel arbitration of the wife’s claims because the husband, as the wife’s designated health care surrogate, signed an Agreement for Care with an arbitration clause.  The appellate court … Click To Read Full Case Law Review...