July 2013 Archives - The Law Office of Joseph S. Kashi, P.A.

CIVIL PROCEDURE: SUBJECT MATTER JURISDICTION: AMOUNT IN CONTROVERSY: DECLARATORY JUDGMENTS: INSURANCE COVERAGE: POLICY LIMITS: COST OF DEFENSE

Case Decision Date: July 31, 2013 Reviewed by Joseph S. Kashi

Elisias v. GEICO General Insurance Company, ___ So. 3d ___, 38 Fla. L. Weekly D1630 (Fla. 4^th DCA July 31, 2013)

The insurance company prevailed in an action for declaratory judgment to determine whether its liability policy extended coverage to its insured in a third party case. On appeal, the insured contended that the circuit court lacked subject matter … Click To Read Full Case Law Review...

EMPLOYMENT LAW: WRONGFUL DISCHARGE: WHISTLEBLOWER ACTION: STANDING: CHAPTER 13 BANKRUPTCY DEBTOR POSSESSES STANDING TO ENFORCE PREPETITION CLAIM THAT WAS PROPERLY DISCLOSED IN BANKRUPTCY PROCEEDING: DAMAGES FOR EMOTIONAL DISTRESS ARE RECOVERABLE UNDER THE WHISTLEBLOWER ACT: EMPLOYEE’S WHISTLEBLOWER CLAIM WAS NOT BARRED BY JUDICIAL ESTOPPEL BASED UPON EMPLOYEE’S SUCCESSFUL SOCIAL SECURITY DISABILITY CLAIM: EMPLOYEE WHO IS DISABLED BECAUSE OF EMPLOYER’S VIOLATION OF WHISTLEBLOWER ACT HAS NO DUTY TO MITIGATE DAMAGES: EMPLOYEE NEED NOT PROVIDE EMPLOYER WITH STATUTORY AND CASE LAW TO SUPPORT HIS CLAIM OF ILLEGAL CONDUCT

Case Decision Date: July 31, 2013 Reviewed by Joseph S. Kashi

Aery v. Wallace Lincoln-Mercury, LLC, ___ So. 3d ___, 38 Fla. L. Weekly D1632 (Fla. 4^th DCA July 31, 2013)

The appellate court reversed summary judgment for the employer in an action by the employee for violation of the Florida Whistleblower Act, Sections 448.101-105, Florida Statutes. (1) The trial court erred by concluding that the employee lacked standing to … Click To Read Full Case Law Review...

SETTLEMENT: MOTION TO ENFORCE SETTLEMENT AGREEMENT: ATTORNEY’S FEES: PREVAILING PARTY: USUALLY, THERE IS ONLY ONE PREVAILING PARTY IN A CONTRACT CASE

Case Decision Date: July 31, 2013 Reviewed by Joseph S. Kashi

Newton v. Tenney, ___ So. 3d ___, 38 Fla. L. Weekly D1637 (Fla. 4^th DCA July 31, 2013)

The plaintiff entered into a settlement agreement with multiple defendants that provided for installment payments to the plaintiff. When the defendants defaulted on the first payment, the plaintiff filed a motion to enforce settlement. Only one of the defendants contested the … Click To Read Full Case Law Review...

CIVIL PROCEDURE: CLASS ACTIONS: CERTIFICATION: TORTS: TORTIOUS INTERFERENCE WITH DEAD BODIES: INTENTIONAL OR RECKLESS INFLICTION OF EMOTIONAL DISTRESS: GROSS NEGLIGENCE: INJUNCTIVE RELIEF: ERROR TO ADOPT PROCEDURE FOR DETERMINING CLASS MEMBERSHIP THAT WOULD IN EFFECT GRANT THE PLAINTIFFS’ CLAIM FOR INJUNCTIVE RELIEF: CLAIM FOR INJUNCTIVE RELIEF BARRED BY RES JUDICATA BASED UPON PRIOR ADMINISTRATIVE ACTION BY DEPARTMENT OF BANKING AND FINANCE: CLAIMS FOR MONETARY RELIEF WERE NOT SUITABLE FOR DETERMINATION BY CLASS ACTION BECAUSE OF THE INDIVIDUALIZED NATURE OF THE CLAIMS

Case Decision Date: July 31, 2013 Reviewed by Joseph S. Kashi

Alderwoods Group, Inc. v. Garcia, ___ So. 3d ___, 38 Fla. L. Weekly D1646 (Fla. 3d DCA July 31, 2013)

Three plaintiffs brought a class action against the owner of cemetery because the cemetery was unable to locate the burial plots of the plaintiffs’ family members. The plaintiff’s sued for tortious interference with dead bodies, intentional or reckless infliction of … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: MOTOR VEHICLE NEGLIGENCE: RENTAL VEHICLES: RENTAL CAR COMPANY DID NOT HAVE A DUTY TO DISCOVER THAT RENTER HAD A SUSPENDED DRIVER’S LICENSE: DRIVING WITH SUSPENDED LICENSE WAS NOT PROXIMATE CAUSE OF ACCIDENT; CIVIL PROCEDURE: TRIAL COURT DID NOT ERR BY FAILING TO VACATE DISMISSAL WITH PREJUDICE OF SECOND AMENDED COMPLAINT BECAUSE PROPOSED THIRD AMENDED COMPLAINT FAILED TO STATE A CAUSE OF ACTION

Case Decision Date: July 31, 2013 Reviewed by Joseph S. Kashi

Rivers v. The Hertz Corporation, ___ So. 3d ___, 38 Fla. L. Weekly D1653 (Fla. 3d DCA July 31, 2013)

The decedent was a passenger in a rented motor vehicle. His personal representative brought a wrongful death action against the rental car company because the driver had a suspended license. The trial court entered summary judgment for the rental car … Click To Read Full Case Law Review...