INSURANCE: HOMEOWNERS’ INSURANCE: SINKHOLE: APPRAISAL: FIGA: SINKHOLE CLAIMS AGAINST FIGA ARE NOT SUBJECT TO APPRAISAL UNDER THE 2011 AMENDEMENT TO SECTION 631.54(3), FLORIDA STATUTES: INSUREDS WAIVED APPRAISAL BY ACTIVELY LITIGATING FOR TWO YEARS BEFORE SEEKING APPRAISAL; APPEALS: CERTIFIED QUESTIONS

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Florida Insurance Guaranty Association, Inc. v. Kirschner, ___ So. 3d ___, 40 Fla. L. Weekly D764 (Fla. 2d DCA March 27, 2015)

Based upon its decision in Florida Insurance Guaranty Association v. de la Fuente, ___ So. 3d ___, 40 Fla. L. Weekly D123 (Fla. 2d DCA January 7, 2015), the court held that sinkhole claims against FIGA are not … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: PROBATE COURT LACKED JURISIDICTION TO REALLOCATE DAMAGES TO SURVIVORS BASED UPON THEIR PRETRIAL AGREEMENT: AN AWARD OF WRONGFUL DEATH DAMAGES TO SURVIVORS IS NOT PROPERTY OF THE ESTATE THAT INTERESTED PARTIES MAY AGREE TO REALLOCATE

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Pitcher v. Waldo, ___ So. 3d ___, 40 Fla. L. Weekly D726 (Fla. 4th DCA March 25, 2015)

The parents agreed to split wrongful death damages to survivors 60% to the mother and 40% to the father, but the jury awarded $1 million to the mother and only $100,000 to the father. The father filed a petition for declaratory … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: PROBATE COURT LACKED JURISIDICTION TO REALLOCATE DAMAGES TO SURVIVORS BASED UPON THEIR PRETRIAL AGREEMENT: AN AWARD OF WRONGFUL DEATH DAMAGES TO SURVIVORS IS NOT PROPERTY OF THE ESTATE THAT INTERESTED PARTIES MAY AGREE TO REALLOCATE

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Pitcher v. Waldo, ___ So. 3d ___, 40 Fla. L. Weekly D726 (Fla. 4th DCA March 25, 2015)

The parents agreed to split wrongful death damages to survivors 60% to the mother and 40% to the father, but the jury awarded $1 million to the mother and only $100,000 to the father. The father filed a petition for declaratory … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: SURPLUS FUNDS: SUBORDINATE LIENHOLDER WAIVED ITS RIGHT TO SURPLUS FUNDS BY FAILING TO CLAIM THEM WITHIN SIXTY DAYS OF THE SALE: FAILURE TO RECEIVE ACTUAL NOTICE WAS NOT AN EXCUSE BECAUSE SUBORDINATE LIENHOLDER RECEIVED AT LEAST CONSTRUCTIVE NOTICE BECAUSE CLERK PUBLISHED FINAL JUDGMENT AND POSTED CERTIFICATE OF DISBURSEMENT ON ITS DOCKET: EQUITY: EQUITY FOLLOW THE LAW AND CANNOT BE USED TO ELIMINATE ITS ESTABLISHED RULES

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Saulnier v. Bank of American, N.A., ___ So. 3d ___, 40 Fla. L. Weekly D727 (Fla. 4th DCA March 25, 2015)

The subordinate lienholder waived its right to surplus funds by failing to claim them within sixty days after the foreclosure sale. The surplus lienholder’s claim that it did not receive the final judgment or certificate of disbursements did … Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE; CIVIL PROCEDURE: AMENDMENT: RELATION BACK: AMENDED COMPLAINT AGAINST WIFE DID NOT RELATE BACK TO INITIAL COMPLAINT AGAINST HUSBAND

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Russ v. Williams, ___ So. 3d ___, 40 Fla. L. Weekly D709 (Fla. 1st DCA March 20, 2015)

A plaintiff, who sustained personal injuries in a motor vehicle accident, sued the husband as the owner and operator of the other vehicle. After the statute of limitations ran, the husband filed a motion for summary judgment contending that his wife … Click To Read Full Case Law Review...