CIVIL RIGHTS: VIOLATION OF FLORIDA CIVIL RIGHTS ACT: FLORIDA COMMISSION ON HUMAN RELATIONS DETERMINATION OF TIMELINESS OF COMPLAINT IS DISPOSITIVE

Maynard v. Taco Bell of American, Inc., ___ So. 3d ___, 38 Fla. L. Weekly D1192 (Fla. 2d DCA May 31, 2013)

The trial court dismissed the plaintiff’s complaint for violation of the Florida Civil Rights Act based upon its determination that the plaintiff did not file a timely complaint with the Florida Commission on Human Relations.  The appellate court Click To Read Full Case Law Review...

CIVIL PROCEDURE: SUMMARY JUDGMENT: REHEARING: UNTIMELY COUNTER-AFFIDAVIT: EXCUSABLE NEGLECT

Asset Recovery Center Investments, LLC v. Hossairati, ___ So. 3d ___, 38 Fla. L. Weekly D1194 (Fla. 5th DCA May 31, 2013)

The appellee filed a motion for summary judgment.  The appellant did not file a counter-affidavit or appear for the hearing.  The trial court granted the motion and entered final summary judgment for appellee.  The appellant filed a Click To Read Full Case Law Review...

TRUSTS: SPENDTHRIFT TRUSTS: SECTIONS 736.0501-.0507, FLORIDA STATUTES, DO NOT VIOLATE ACCESS TO THE COURTS

Zlatkiss v. All America Team Concepts, LLC, ___ So. 3d ___, 38 Fla. L. Weekly D1194 (Fla. 5th DCA May 31, 2013)

Sections 736.0501-.0507, Florida Statutes, “which recognize the enforceability of spendthrift trusts, [do not] violate article 1, section 21 of the Florida constitution by preventing access to the courts.” “[T]he creditor-protection provisions of a properly drafted spendthrift trust Click To Read Full Case Law Review...

INSURANCE: COMMERCIAL INLAND MARINE INSURANCE: EQUIPMENT NOT DESCRIBED IN DECLARATIONS: COMMERCIAL GENERAL LIABILITY INSURANCE: EXCLUSIONS: DAMAGE TO PROPERTY YOU OWN OR RENT: CLAIMS ADMINISTRATION STATUTE: FAILURE TO COMPLY WITH NOTICE PROVISION OF SECTION 627.426(2), FLORIDA STATUTES, DOES NOT WAIVE EXCLUSION FROM COVERAGE

Danny’s Backhoe Service, LLC v. Auto Owners Insurance Company, ___ So. 3d ___, 38 Fla. L. Weekly D1185 (Fla. 1st DCA May 30, 2013)

This case involved a commercial general liability insurance policy with commercial inland marine insurance coverage.  When an employee of the insured damaged a leased backhoe, the lessor (who was an additional insured under the policy), Click To Read Full Case Law Review...

CONTRACTS: INDEMNITY: ATTORNEY’S FEES: ALTERNATIVE FEE RECOVERY CLAUSE

First Baptist Church of Cape Coral v. Compass Construction, Inc., ___ So. 3d ___, 38 Fla. L. Weekly S357 (Fla. May 30, 2013)

The plaintiff sued the owner and the general contractor for damages arising from a construction accident.  The owner’s liability insurance carrier retained counsel to defend the owner against the plaintiff’s claim and to seek contractual indemnity from Click To Read Full Case Law Review...