INJUNCTIONS: NO CONTACT ORDER: MOTION TO DISSOLVE INJUNCTION: TRIAL COURT ERRED BY DENYING FACIALLY SUFFICIENT MOTION TO DISSOLVE NO CONTACT ORDER WITHOUT CONDUCTING A HEARING, IMPLICATING BASIC DUE PROCESS REQUIREMENTS

Carrozza v. Stowers, ___ So. 3d ___, 39 Fla. L. Weekly D2580 (Fla. 2d DCA December 12, 2014)

The trial court entered an order prohibiting the respondent from having contact with the petitioner.  The order was based upon the respondent’s status as a “violent criminal with multiple prison sentences” and “threats to kill.”  Seven years later, the respondent moved to … Click To Read Full Case Law Review...

INSURANCE: HOMEOWNERS’ INSURANCE: SINKHOLE LOSS: INSUREDS’ FAILURE TO DISCLOSE THE REPORT OF THEIR EXPERT CONSULTANT BEFORE FILING SUIT FOR BREACH OF CONTRACT DID NOT CONSTITUTE CONCEALMENT BARRING COVERAGE

Diaz v. Tower Hill Prime Insurance Company, ___ So. 3d ___, 39 Fla. L. Weekly D2581 (Fla. 2d DCA December 12, 2014)

After the insureds reported a loss, their homeowners’ insurer inspected their property and denied coverage based upon the lack of sinkhole activity.  In response to the denial, the insureds hired their own investigator, who concluded that sinkhole activity … Click To Read Full Case Law Review...

FAMILY LAW: APPEALS: TRIAL COURT’S FAILURE TO APPORTION AWARD OF FEES AND COSTS PREVENTED MEANINGFUL APPELLATE REVIEW: REMAND FOR APPORTIONMENT

Coleman v. Bland, ___ So. 3d ___, 39 Fla. L. Weekly D2526 (Fla. 5th DCA December 5, 2014)

The trial court awarded $5,000 to the former wife for appellate attorney’s fees and costs and post judgment non-appellate attorney’s fee and costs.  When the wife appealed, the appellate court observed that the trial court’s failure to apportion the award among … Click To Read Full Case Law Review...

INSURANCE: HOMEOWNERS INSURANCE: SINKHOLE LOSS: ARBITRATION: INSUREDS DID NOT WAIVE THEIR RIGHT TO APPRAISAL BY AMENDING THEIR COMPLAINT TO SUBSTITUTE FIGA FOR THE INSURER AFTER FIGA ADMITTED COVERAGE AND WAITING FIVE MONTHS BEFORE DEMANDING APPRAISAL

Florida Insurance Guaranty Association, Inc. v. Martucci, ___ So. 3d ___, 39 Fla. L. Weekly D2529 (Fla. 5th DCA December 5, 2014)

The insureds sued their homeowners’ insurer for failing to pay their sinkhole claim.  While the lawsuit was pending, FIGA assumed responsibility for handling the claim because of the insurer’s insolvency.  When FIGA admitted coverage, the insureds amended … Click To Read Full Case Law Review...

TORTS: DOG BITE; CIVIL PROCEDURE: DISCOVERY: FIFTH AMENDMENT PRIVILEGE AGAINST SELF INCRIMINATION; APPEALS: CERTIORARI: ABATEMENT OF ACTION AGAINST DEFENDANTS WHO WERE NOT CRIMINALLY CHARGED DEPARTED FROM ESSENTIAL REQUIREMENTS OF LAW: PETITION FOR CERTIORARI DENIED WITHOUT PREJUDICE AS TO DEFENDANT WHO WAS CRIMINALLY CHARGED: PETITIONER COULD SEEK FURTHER RELIEF IF, AFTER UPCOMING STATUS CONFERENCE, TRIAL COURT WERE TO EXTEND STAY INDEFINITELY OR FAIL TO CONSIDER A LESS INTRUSIVE MEANS TO SAFEGUARD FIFTH AMENDMENT PRIVILEGE

Doolittle v. Shumer, ___ So. 3d ___, 39 Fla. L. Weekly D2530 (Fla. 5th DCA December 5, 2014)

The plaintiff alleged that she and her dog were attacked by another dog.  She sued the two owners of the other dog and the man they employed to walk it.  Criminal charges arising out of the incident were filed against one … Click To Read Full Case Law Review...