CIVIL PROCEDURE: PROPOSAL FOR SETTLEMENT WAS NOT AMBIGUOUS BECAUSE IT WAS MADE ON BEHALF OF ONE DEFENDANT BUT THE ATTACHED RELEASE DISCHARGED ALL DEFENDANTS

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Mathis v. Cook, ___ So. 3d ___, 39 Fla. L. Weekly D1075 (Fla. 5th DCA May 23, 2014)

After the plaintiff slipped and fell on floor cleaning chemicals at work, she and her husband sued her employer’s cleaning contractor and its two subcontractors for negligence.  One of the subcontractors submitted separate proposals for settlement to each plaintiff.  Although the … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: NON-COMPLYING NOTICE OF DEFAULT; CIVIL PROCEDURE: SUMMARY JUDGMENT

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Haberl v. 21st Mortgage Corporation, ___ So. 3d ___, 39 Fla. L. Weekly D1078 (Fla. 5th DCA May 23, 2014)

The appellate court reversed final summary judgment of mortgage foreclosure because the plaintiff’s notice of default did not comply with the requirements of the mortgage inasmuch as the notice failed to inform the defendant of her rights (1) … Click To Read Full Case Law Review...

CIVIL PROCEDURE: VENUE: FORUM SELECTION CLAUSE; CONTRACTS: RULES OF CONSTRUCTION: DOCTRINE OF CONTRA PROFERENTUM

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Agile Assurance Group, Limited v. Palmer, ___ So. 3d ___, 39 Fla. L. Weekly D1085 (Fla. 2d DCA May 23, 2014)

The trial court erred by ruling that a forum selection clause was permissive rather than mandatory.  The clause provided that any lawsuit arising out of the agreement “may be instituted exclusively in the court of Makati City.”  The word … Click To Read Full Case Law Review...

ESTATES: THE ASHES OF A DECEDENT ARE NOT PROPERTY AND, THUS, ARE NOT SUBJECT TO PARTITION

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Wilson v. Wilson, ___ So. 3d ___, 39 Fla. L. Weekly D1037 (Fla. 4th DCA May 21, 2014)

The parents of a deceased son, who did not have a wife or children, agreed to cremate his body but disagreed on the disposition of his ashes.  The trial court denied the father’s request to partition the ashes, and the appellate … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: INSURANCE AGENTS AND BROKERS: STATUTE OF LIMITATIONS ON CLAIM FOR NEGLIGENT FAILURE TO PROCURE APPROPRIATE INSURANCE BEGAN TO RUN AFTER LIABILITY CLAIM WAS SETTLED RATHER THAN WHEN INSURED INCURRED LEGAL FEES FOR DEFENDING UNINSURED CLAIM

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Medical Data Systems, Inc. v. Coastal Insurance Group, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D1038 (Fla. 4th DCA May 21, 2014)

The insurer denied coverage when the insured was sued for violations of the Fair Debt Collection Practices Act.  The insured retained counsel to defend the claims and ultimately settled them.  After the settlement, the insured … Click To Read Full Case Law Review...