INSURANCE: COMMERCIAL PROPERTY INSURANCE: SINKHOLE LOSS: APPRAISAL: INSURER’S RETENTION OF RIGHT TO DENY COVERAGE DOES NOT NEGATE ITS RIGHT TO APPRAISAL: DISAGREEMENT OVER WHAT REPAIRS ARE NECESSARY IS A VALUATION ISSUE RATHER THAN A COVERAGE ISSUE AND IS SUBJECT TO APPRAISAL

The Cincinnati Insurance Company v. Cannon Ranch Partners, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D78 (Fla. 2d DCA December 31, 2014)

When the insurer and the insured disagreed whether underpinning was necessary to restore the property after a sinkhole loss, the trial court denied the insurer’s motion to compel appraisal, but the appellate court reversed. (1) The … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: CIVIL PROCEDURE: APPEALS: INVOLUNTARY DISMISSAL WITHOUT PREJUDICE, WITHOUT GRANTING LEAVE TO AMEND, IS A FINAL APPEALABLE ORDER: TRIAL COURT LACKS JURISDICTION TO GRANT UNTIMELY MOTION FOR REHEARING: APPELLATE COURT REFUSES TO TREAT UNTIMELY MOTION FOR REHEARING AS MOTION FOR RELIEF FROM JUDGMENT BECAUSE MOTION DID NOT INVOKE FLA. R. CIV. P. 1.540 OR COMPLY WITH ITS REQUIREMENTS: EVEN IF MOTION HAD BEEN TIMELY, IT WOULD NOT HAVE SUSPENDED RENDITION AS TO BANK BECAUSE MOTION WAS FILED BY HOMEOWNERS ASSOCIATION: APPELLATE COURT’S HOLDING DOES NOT PREVENT BANK OR ASSOCIATION FROM FILING TIMELY AND ADEQUATE MOTION FOR RELIEF FROM JUDGMENT

Patel v. U.S. Bank National Association, ___ So. 3d ___, 40 Fla. L. Weekly D80 (Fla. 2d DCA December 31, 2014)

The trial court involuntarily dismissed a foreclosure action without prejudice and without leave to amend based upon the mistaken belief that the note was not attached to the complaint. When the trial court discovered its error, it instructed the … Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE: DAMAGES: FUTURE NON-ECONOMIC DAMAGES: A VERDICT IS NOT INADEQUATE AS A MATTER OF LAW IF THE JURY FINDS THAT THE PLAINTIFF SUSTAINED A PERMANENT INJURY BUT FAILS TO AWARD FUTURE NONECONOMIC DAMAGES: THE PROPER INQUIRY IS WHETHER THE VERDICT IS CONTRARY TO THE MANIFEST WEIGHT OF THE EVIDENCE; APPEALS: TRIAL COURT ABUSED ITS DISCRETION BY GRANTING NEW TRIAL BASED UPON AN ERRONEOUS VIEW OF THE LAW: APPELLATE COURT REMANDS FOR RECONSIDERATION UNDER CORRECT LEGAL PRINCIPLES

Buitrago v. Feaster, ___ So. 3d ___, 40 Fla. L. Weekly D81 (Fla. 2d DCA December 31, 2014)

The jury in a motor vehicle negligence case awarded damages to the plaintiff for past and future medical expenses, lost wages, and past noneconomic damages but awarded nothing for future noneconomic damages. The plaintiff moved for a new trial on future noneconomic … Click To Read Full Case Law Review...

BUSINESS ORGANIZATIONS: LIMITED LIABILITY COMPANIES: BREACH OF FIDUCIARY DUTY: CONFLICT OF INTERESTS

McCoy v. Durden, ___ So. 3d ___, 40 Fla. L. Weekly D81 (Fla. 1st DCA December 31, 2014)

When an LLC borrowed $65 million to buy two radio stations in California, its operating agreement was amended to give the lender control over the board of directors and to modify the rules governing conflicts of interest. After the LLC defaulted … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: ERRONEOUS LEGAL DESCRIPTION OF PROPERTY IN MORTGAGE; CIVIL PROCEDURE: MOTION TO VACATE FINAL JUDGMENT, JUDICIAL SALE, AND CERTIFICATES OF SALE AND TITLE TO ENABLE BANK TO REFORM MORTGAGE TO CORRECT LEGAL DESCRIPTION: TRIAL COURT ERRED BY SUA SPONTE DISMISSING ACTION WITHOUT PREJUDICE IN ADDITION TO GRANTING MOTION

Wells Fargo Bank, N.A. v. Giesel, ___ So. 3d ___, 40 Fla. L. Weekly D88 (Fla. 1st DCA December 31, 2014)

When the bank discovered that description of the property in its mortgage was erroneous, it filed a motion to vacate the final judgment of foreclosure, the judicial sale, and the certificates of sale and title so that it … Click To Read Full Case Law Review...