INSURANCE: HOMEOWNER’S INSURANCE: SINKHOLE: INSURED IS NOT BOUND BY SCOPE OF REPAIRS RECOMMENDED BY INSURER’S ENGINEER; CIVIL PROCEDURE: SUMMARY JUDGMENT: SUMMARY JUDGMENT FOR INSURER REVERSED BECAUSE THE PARTIES’ ENGINEERS DISAGREED ABOUT THE SCOPE OF APPRORIATE REPAIRS TO REMEDIATE SINKHOLE LOSS

Roker v. Tower Hill Preferred Insurance Company, ___ So. 3d ___, 40 Fla. L. Weekly D764 (Fla. 2d DCA March 27, 2015)

When the insured’s engineer disagreed with the insurer’s engineer about the scope of appropriate repairs to remediate the insured’s sinkhole loss, the insurer invoked neutral appraisal, and the appraiser substantially agreed with the insurer’s engineer. As a result, … Click To Read Full Case Law Review...

INDIAN TRIBES: TRIBAL SOVEREIGN IMMUNITY: TRIBAL SOVEREIGN IMMUNITY DID NOT BAR LAWSUIT BY TRIBE AGAINST ITS LAWYERS FOR FRAUDULENTLY BILLING TRIBE; CIVIL PROCEDURE: SUMMARY JUDGMENT: SUMMARY JUDGMENT AFFIRMED BECAUSE TRIBE DID NOT REBUT LAWYERS’ PRIMA FACIE SHOWING OF ENTITLEMENT TO RELIEF

Miccosukee Tribe of Indians of Florida v. Lewis, ___ So. 3d ___, 40 Fla. L. Weekly D752 (Fla. 3d DCA March 25, 2015)

An Indian tribe sued its lawyers for fraudulent billing the tribe, representing tribal members when their interests conflicted with the tribe, paying kickbacks to the former chairman of the tribe, divulging tribal finances to the Internal Revenue … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: RIPENESS: DISTRIBUTION OF FIRE INSURANCE PROCEEDS MUST AWAIT FORECLOSURE SALE; CIVIL PROCEDURE: SUMMARY JUDGMENT: ERROR IN HEARING MOTION FOR SUMMARY JUDGMENT ONLY SIXTEEN DAYS AFTER IT WAS SERVED WAS HARMLESS BECAUSE NONMOVING PARTY DID NOT OBJECT TO HAVING THE MOTION HEARD, SHE WAS ALLOWED TO ADVANCE HER POSITION AT THE HEARING, AND SHE DID NOT CONTEND THE OUTCOME WOULD HAVE BEEN DIFFERENT IF THE COURT WAITED ANOTHER FOUR DAYS TO HEAR THE MOTION

White v. Ocwen Loan Servicing, LLC, ­___ So. 3d ___, 40 Fla. L. Weekly D756 (Fla. 3d DCA March 25, 2015)

The trial court in a mortgage foreclosure entered summary judgment for the loan servicer on the borrower’s counterclaims. The motion was heard at trial only sixteen days after it was filed, but the appellate court held that this procedural … Click To Read Full Case Law Review...

APPEALS: TIMELINESS: NOTICE OF APPEAL FILED MORE THAN THIRTY DAYS AFTER JUDGMENT WAS FILED WITH CLERK OF LOWER TRIBUNAL WAS UNTIMELY

Hunt v. Wells Fargo Bank, N.A., ___ So. 3d ___, 40 Fla. L. Weekly D641 (Fla. 1st DCA March 12, 2015)

The appellate court dismissed an appeal as untimely because the notice of appeal was filed more than thirty days after the judgment was filed with the clerk of the lower tribunal.

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ATTORNEY’S FEES: VALIDITY OF CONTINGENT FEE AGREEMENT; CIVIL PROCEDURE: DECLARATORY JUDGMENT: PREMATURE ACTION: ACTION TO DETERMINE VALIDITY OF CONTINGENT FEE AGREEMENT WAS PREMATURE BECAUSE IT WAS FILED BEFORE THE CONTINGENCY OCCURRED

CK Regalia, LLC v. Thornton, ___ So. 3d ___, 40 Fla. L. Weekly D625 (Fla. 3d DCA March 11, 2015)

An action for declaratory relief to determine the validity of a contingent fee agreement was properly dismissed with prejudice as premature because the action was filed before the contingency occurred and a fee arguably would have been earned.

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