INSURANCE: HOMEOWNERS’ INSURANCE: PREMIUMS: LOSS MITIGATION CREDITS: CLASS ACTIONS: CLASS ACTION FOR DECLARATORY RELIEF BASED UPON INSURER’S FAILURE TO HONOR FOR FIVE YEARS UNIFORM MITIGATION VERIFICATION INSPECTION FORMS: APPELLATE COURT AFFIRMS DISMISSAL BASED UPON FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES; APPEALS: STANDARD OF REVIEW: ABUSE OF DISCRETION, RATHER THAN DE NOVO, STANDARD OF REVIEW APPLIES TO ORDER DISMISSING COMPLAINT FOR DECLARATORY RELIEF

Asseff v. Citizens Property Insurance, ___ So. 3d ___, 40 Fla. L. Weekly D610 (Fla. 1st DCA March 10, 2015)

Although Uniform Mitigation Verification Inspection Forms provide that they are valid for a period of five years unless material changes have been made to the structure, the plaintiffs’ insurer conducted its own inspections of their homes before five years … Click To Read Full Case Law Review...

CIVIL PROCEDURE: CLASS ACTIONS: JUDGMENTS: AMENDMENT: RELIEF FROM JUDGMENT: FRAUD: TIMELINESS: TRIAL COURT LACKED JURISDICTION TO AMEND JUDGMENT TEN YEARS AFTER IT WAS ENTERED: ALTHOUGH TRIAL COURT RETAINED JURISDICTION TO ENFORCE JUDGMENT, AMENDMENT MODIFIED, RATHER THAN ENFORCED, JUDGMENT

Juno Ocean Walk Condominium Association, Inc. v. The North County Company, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D344 (Fla. 4th DCA February 4, 2015)

Ten years after a condominium unit owner opted out of a class action settlement with the developer, the class representative and the unit owner filed a motion to amend judgment to include … Click To Read Full Case Law Review...

CONSUMER LAW: CLASS ACTIONS: FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT: ELECTRONIC TITLING AND REGISTRATION FILING FEES: CONTRACTS: MOTOR VEHICLE SALES AND FINANCING: ARBITRATION: RETAIL INSTALLMENT SALES CONTRACT, WITHOUT AN ARBITRATION CLAUSE BUT WITH A MERGER CLAUSE, SUPERSEDED CONTEMPORANEOUSLY EXECUTED RETAIL PURCHASE AGREEMENT WITH AN ARBITRATION CLAUSE

HHH Motors, LLP v. Holt, ___ So. 3d ___, 39 Fla. L. Weekly D2509 (Fla. 1st DCA December 3, 2014)

Immediately after signing a Retail Purchase Agreement (RPA) for a motor vehicle, the plaintiffs signed a Retail Installment Sales Contract (RISC).  The RPA contained an arbitration clause, but the RISC did not.  The RISC did contain a merger clause, … Click To Read Full Case Law Review...

CIVIL PROCEDURE: CLASS ACTIONS: CERTIFICATION: ACTION FOR RESCISSION OF ALL CONTRACTS BETWEEN DEFENDANT AND CLASS MEMBERS WAS INAPPROPRIATE FOR RESOLUTION BY CLASS ACTION: DENIAL OF CERTIFICATION AFFIRMED DESPITE ABSENCE OF CLAIM-BY-CLAIM ANALYSIS

Bawtinhimer v. D.R. Horton, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D2132 (Fla. 5th DCA October 10, 2014)

The trial court denied certification of an action for rescission of all contracts between the defendant and the members of the class because the claims were inappropriate for resolution by class action.  The appellate court affirmed, although the trial … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: PRODUCTS LIABILITY: TOBACCO: CIVIL PROCEDURE: CLASS ACTIONS: ENGLE OPT OUT PLAINTIFF’S CLAIM BARRED BY STATUTE OF LIMITATIONS: OPT OUT WAS EFFECTIVE EVEN THOUGH PLAINTIFF HAD YET TO BE APPOINTED AS PERSONAL REPRESENTATIVE WHEN SHE EXECUTED IT: OPT OUT WAS NOT INEFFECTUAL BECAUSE IT DID NOT STATE THAT THE INDIVIDUAL SURVIVORS VOLUNTARILY AND KNOWINGLY RELINQUISHED THEIR INDIVIDUAL RIGHTS: OPT OUT WAS NOT INEFFECTUAL BECAUSE THE TRIAL COURT DID NOT ACKNOWLEDGE IT: OPT OUT WAS EFFECTIVE UPON FILING IT

Roughton v. R.J. Reynolds Tobacco Company, ___ So. 3d ___, 39 Fla. L. Weekly D55 (Fla. 1st DCA December 31, 2013)

The plaintiff, as the personal representative of her deceased husband’s estate, opted out of the Engle class action before the Florida Supreme Court issued its decision in the Engle case.  More than ten years after opting out of … Click To Read Full Case Law Review...