APPEALS: SUMMARY AFFIRMANCE

Spencer v. Florida Power Light/Broadspire, ___ So. 3d ___, 38 Fla. L. Weekly D2270 (Fla. 1st DCA October 31, 2013)

“Under [Fla. R. App. P.] 9.315(a), summary affirmance is appropriate where the initial brief fails to present a ‘preliminary basis for reversal,’ regardless of the good-faith intentions of the filing party.”  The court invoked this rule because … Click To Read Full Case Law Review...

INSURANCE: COMPREHENSIVE GENERAL LIABILITY INSURANCE: NO DUTY TO DEFEND COUNTERCLAIM FOR IMPROPER OR UNNECESSARY REPAIR THAT DID NOT RESULT IN BODILY INJURY OR PROPERTY DAMAGE: DAMAGE TO PROPERTY BEING REPAIRED IS NOT PROPERTY DAMAGE: ECONOMIC LOSS DOES NOT CONSTITUTE PROPERTY DAMAGE UNDER A COMPREHENSIVE GENERAL LIABILITY INSURANCE POLICY

Nationwide Mutual Fire Insurance Company v. Advanced Cooling and Heating, Inc., ___ So. 3d ___, 38 Fla. L. Weekly D2256 (Fla. 4th DCA October 30, 2013)

The insured repaired a customer’s air conditioning unit.  The customer was dissatisfied with the repair and stopped payment.  The insured sued the customer in small claims court, and the customer filed a counterclaim … Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE: REAR END COLLISION; CIVIL PROCEDURE: NEW TRIAL: ZERO VERDICTS NOT AGAINST MANIFEST WEIGHT OF EVIDENCE BECAUSE OF CONFLICTING EXPERT TESTIMONY AND LAY TESTIMONY THAT CAST DOUBT ON INJURY: PLAINTIFFS COULD NOT COMPLAIN ABOUT FAILURE TO AWARD DAMAGES FOR THE COST OF TREATMENT AT THE ACCIDENT SCENE AND THE EMERGENCY ROOM BECAUSE THEY DID NOT MOVE FOR A DIRECTED VERDICT ON THESE DAMAGES AND THEY SUBMITTED THE CASE TO THE JURY ON AN ALL OR NOTHING BASIS; APPEALS: INVITED ERROR

Hernandez v. Gonzalez, ___ So. 3d ___, 38 Fla. L. Weekly D2257 (Fla. 4th DCA October 30, 2013)

The defendant, who struck the plaintiffs’ vehicle from the rear, admitted that she failed to use due care but contested causation and damages.  The jury returned a zero verdict for both plaintiffs, and the trial court denied their motions for new … Click To Read Full Case Law Review...

ESTATES: PROBATE: NOTICE TO CREDITORS: STATUTE OF LIMITATIONS: STATUTE OF REPOSE: FAILURE TO SERVE NOTICE OF ADMINISTRATION UPON REASONABLY ASCERTAINABLE CREDITORS

Golden v. Jones, ___ So. 3d ___, 38 Fla. L. Weekly D2259 (Fla. 4th DCA October 30, 2013)

The following events occurred in this case:

DATE EVENT
02/07 Husband dies
04/07 Estate opened for husband
06/07 Notice to creditors first published
2008 Guardian appointed for wife because of her incapacity
01/09 Guardian files Statement of Claim in probate court
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ESTATES: PROBATE; CIVIL PROCEDURE: CONCURRENT JURISDICTION: PRINCIPLE OF PRIORITY: EXCEPTIONS: UNDUE DELAY

Perelman v. Perelman, ___ So. 3d ___, 38 Fla. L. Weekly D2261 (Fla. 4th DCA October 30, 2013)

The following events occurred in this case:

DATE EVENT
07/31/11 Ruth dies in Philadelphia, Pennsylvania
08/05/11 Raymond (Ruth’s husband) files informal caveat in Pennsylvania
08/11/11 Jeffrey (Ruth and Raymond’s son) delivers to the Pennsylvania Register of Wills a petition to probate
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