ATTORNEY’S FEES: EVIDENCE: AFFIDAVITS: JUDICIAL NOTICE: APPEALS: PRESERVATION: OBJECTIONS ON APPEAL MUST BE THE SAME AS THOSE MADE IN TRIAL COURT: OBJECTIONS TO SPECIFIC ENTREES IN TIMESHEETS AND TO QUALIFICATIONS OF THE OPPOSING PARTY’S EXPERT WERE INSUFFICIENT TO PRESERVE AN OBJECTION TO JUDICIAL NOTICE OF THE AFFIDAVITS OF OPPOSING COUNSEL AND THE OPPOSING PARTY’S EXPERT

Waheed v. Brummer, ___ So. 3d ___, 40 Fla. L. Weekly D303 (Fla. 5th DCA January 30, 2015)

The appellant appealed from an award of attorney’s fees because the trial court took judicial notice of the affidavits of the appellees’ attorney and expert witness, but the appellate court refused to consider this issue because it was not raised in … Click To Read Full Case Law Review...

PUBLIC RECORDS: EXEMPTIONS: VIDEO FOOTAGE CAPTURED BY SURVEILLANCE SYSTEM ON BUSES WAS EXEMPT FROM DISCLOSURE UNDER THE PUBLIC RECORDS ACT BECAUSE THE FOOTAGE RELATED DIRECTLY TO AND REVEALED INFORMATION ABOUT A SECURITY SYSTEM; STATUTES: STATUTORY CONSTRUCTION: UNNECESSARY TO ANALYZE LEGISLATIVE HISTORY OF UNAMBIGUOUS STATUTE

Central Florida Regional Transportation Authority v. Post-Newsweek Stations, ___ So. 3d ___, 40 Fla. L. Weekly D306 (Fla. 5th DCA January 30, 2015)

The court held that video footage captured by the surveillance system on buses was exempt from disclosure under the public records act because the footage “directly relates to and reveals information about a security system.” “Section … Click To Read Full Case Law Review...

TORTS: PERSONAL INJURY: ATTORNEY’S FEES: PROPOSAL FOR SETTLEMENT; INSURANCE: SUPPLEMENTARY PAYMENTS: ATTORNEY’S FEES AWARDED UNDER A PROPOSAL FOR SETTLEMENT ARE COVERED AS COSTS UNDER THE SUPPLEMENTARY PAYMENTS PROVISION OF AN AUTOMOBILE LIABILITY INSURANCE POLICY: CONTRACTS: CONSTRUCTION: AMBIGUOUS POLICIES MUST BE CONSTRUED IN FAVOR OF COVERAGE

GEICO General Insurance Company v. Hollingsworth, ___ So. 3d ___, 40 Fla. L. Weekly D308 (Fla. 5th DCA January 30, 2015)

The appellate court, in a personal injury case, affirmed final judgment holding the automobile liability insurer liable for attorney’s fees awarded against its insured under a proposal for settlement. The liability of the insurer was based upon a … Click To Read Full Case Law Review...

FAMILY LAW: ATTORNEY’S FEES: INADEQUATE FINDINGS; APPEALS: PRESERVATION: HUSBAND WAIVED OBJECTION TO INADEQUATE FINDINGS BY FAILING TO MOVE FOR REHEARING

Spreng v. Spreng, ___ So. 3d ___, 40 Fla. L. Weekly D309 (Fla. 5th DCA January 30, 2015)

The court affirmed an award of temporary attorney’s fees and costs to the wife, despite her concession of error. “Although [the trial court’s order] was deficient in its factual findings with regard to the factors set forth in Florida Patient’s Compensation Click To Read Full Case Law Review...

INSURANCE: HOMEOWNER’S INSURANCE: SINKHOLE: NEUTRAL EVALUATION: INSURED DID NOT VIOLATE THE SUITS AGAINST US PROVISION OF THE POLICY AND FORFEIT COVERAGE BY FILING A LAWSUIT AFTER THE INSURER INITIATED THE NEUTRAL EVALUATION PROCESS UNDER SECTION 627.7074, FLORIDA STATUTES

Cuevas v. Tower Hill Signature Insurance Company, ___ So. 3d ___, 40 Fla. L. Weekly D310 (Fla. 2d DCA January 30, 2015)

The trial court entered summary judgment against the insured because he sued the insurer for breach of contract after the insurer initiated the neutral evaluation process for sinkhole losses under Section 627.7074, Florida Statutes. The appellate court reversed, … Click To Read Full Case Law Review...