TORTS: PERSONAL INJURY: DAMAGES: PAST MEDICAL EXPENSES: CIVIL PROCEDURE: DIRECTED VERDICT; APPEALS: WAIVER: FAILURE TO OBJECT IN TRIAL COURT  

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Paulette v. Ulysse, ___ So. 3d ___, 39 Fla. L. Weekly D1358 (Fla. 1st DCA June 30, 2014)

The trial court, in a personal injury case, directed a verdict determining that the plaintiff was entitled to recover past medical expenses for a period of four months.  After the jury determined the amount of the medical expenses for the four … Click To Read Full Case Law Review...

INSURANCE: PROPERTY INSURANCE: FIRE DAMAGE: ORDINANCE AND LAW COVERAGE: TWO YEAR LIMITATION ON REPAIRS AND REPLACEMENT IN ORDINANCE AND LAW COVERAGE ENDORSEMENT WAS A FORFEITURE PROVISION THAT WAS WAIVED BY FAILING TO PROVIDE INSURED WITH PROMPT NOTICE OF LIMITATION DESPITE KNOWLEDGE INSURED EXPECTED THE CLAIM TO BE PAID AND BY CONTINUING TO ADJUST THE INSURED’S CLAIM AFTER THE TWO YEAR PERIOD EXPIRED: ABSENCE OF PREJUDICE  

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Axis Surplus Insurance Company v. Caribbean Beach Club Association, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D1350 (Fla. 2d DCA June 27, 2014)

After a condominium building was ravaged by fire, both the insured and the insurer sought to persuade the county not to apply the 50% rule.  Under this rule, if more than 50% of a building … Click To Read Full Case Law Review...

CRIMINAL LAW: VOIR DIRE: RACE NEUTRAL PEREMPTORY CHALLENGES: AFRICAN AMERICAN JURORS: PROSPECTIVE JURORS’ UNCERTAINTY WHETHER THEY WOULD VOTE TO RETAIN OR ABANDON DEATH PENALTY: GENUINENESS  

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Poole v. State, ___ So. 3d ___, 39 Fla. L. Weekly S459 (Fla. June 26, 2014)

The Florida Supreme Court, in a death penalty case, affirmed the trial court’s determination that the State’s race neutral peremptory challenges of two African American jurors were genuine.  Both jurors were challenged on the ground that they were weak death penalty jurors because they … Click To Read Full Case Law Review...

CRIMINAL LAW: POST CONVICTION PROCEEDINGS; JUDGES: DISQUALIFICATION: MOTION FOR DISQUALIFICATION MADE WHILE DEFENDANT HAD NO PENDING CASES BEFORE THE COURT WAS VOID AB INITIO; APPEALS: PROHIBITION  

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Nilio v. State, ___ So. 3d ___, 39 Fla. L. Weekly D1336 (Fla. 1st DCA June 25, 2014)

“[The defendant] filed a motion to disqualify the trial judge from presiding over further postconviction proceedings. At the time the motion was filed, [the defendant] had no pending cases before the trial court, although he later filed [a motion to correct, … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH; INSURANCE: DECLARATORY JUDGMENT ACTION ON COVERAGE: NONJOINDER STATUTE: WAIVER; APPEALS: CERTIORARI: IRREPARABLE HARM: SEVERANCE

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Star Insurance Company v. Dominguez, ___ So. 3d ___, 39 Fla. L. Weekly D1337 (Fla. 2d DCA June 25, 2014)

The plaintiff sued the county and its excess liability insurer. In the first count of its complaint, the plaintiff asserted a claim for wrongful death against the county.  In the second count of its complaint, the plaintiff sought a declaratory … Click To Read Full Case Law Review...