REAL ESTATE: PARTITION: TORTS: CIVIL CONSPIRACY: LACK OF OVERT ACTS OR COMMON GOAL; TORTIOUS INTERFERENCE: LACK OF PROTECTED BUSINESS RELATIONSHIP; CIVIL PROCEDURE: DIRECTED VERDICT: SUMMARY JUDGMENT: ATTORNEY’S FEES: PROPOSAL FOR SETTLEMENT

Case Decision Date: Reviewed by

Pakonis v. Clark, ___ So. 3d ___, 39 Fla. L. Weekly D1855 (Fla. 3d DCA September 3, 2014)

The appellate court affirmed: (1) summary judgment on the plaintiff’s claim for partition of real property because “nothing raised by [the defendant] created an issue of material fact as to [the plaintiff’s] entitlement to partition. . . .  The correctness of the … Click To Read Full Case Law Review...

 NEGOTIABLE INSTRUMENTS: ACTION ON PROMISSORY NOTE; EVIDENCE: BEST EVIDENCE RULE DOES NOT APPLY TO SUMMARY JUDGMENT PROCEEDINGS; CIVIL PROCEDURE: SUMMARY JUDGMENT: ORIGINAL NOTE NEED NOT BE FILED TWENTY DAYS BEFORE SUMMARY JUDGMENT HEARING  

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Alavi v. Garcia, ___ So. 3d ___, 39 Fla. L. Weekly D1308 (Fla. 5th DCA June 20, 2014)

The appellate court affirmed summary judgment for the plaintiff in an action on a promissory note, holding that the plaintiff’s failure to file the original note twenty days before the hearing was not an impediment to granting the plaintiff’s motion for … Click To Read Full Case Law Review...

INSURANCE: HOMEOWNER’S INSURANCE: SINKHOLE CLAIM: AFFIRMATIVE DEFENSES: LATE NOTICE OF CLAIM: NOTICE OF LOSS FOUR YEARS AFTER INSUREDS OBSERVED CRACKING, WHICH THEY MISTOOK FOR NORMAL SETTLEMENT: THERE IS NO BRIGHT LINE RULE THAT NOTICE TWO YEARS AFTER LOSS, WITHOUT MORE, NEGATES COVERAGE: PRESUMPTION OF PREJUDICE IS NOT CONSIDERED AND NEED NOT BE REBUTTED UNTIL LATE NOTICE HAS BEEN ESTABLISHED; CIVIL PROCEDURE: SUMMARY JUDGMENT: TRIAL COURT MAY RECONSIDER ITS INTERLOCUTORY RULINGS AT ANY TIME BEFORE FINAL JUDGMENT; STARE DECISIS: TRIAL COURT MUST FOLLOW DECISIONS OF THE SUPREME COURT AND ITS OWN DISTRICT COURT OF APPEAL EVEN IF A CONFLICTING DECISION FROM ANOTHER DISTRICT IS MORE RECENT

Case Decision Date: Reviewed by

LoBello v. State Farm Florida Insurance Company, ___ So. 3d ___, 39 Fla. L. Weekly D1273 (Fla. 2d DCA June 18, 2014)

The insureds waited four years to report a sinkhole claim to their insurer because they thought the cracking they initially observed was the result of normal settlement.  When the insurer denied coverage based on late notice, the insureds … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: NON-COMPLYING NOTICE OF DEFAULT; CIVIL PROCEDURE: SUMMARY JUDGMENT

Case Decision Date: Reviewed by

Haberl v. 21st Mortgage Corporation, ___ So. 3d ___, 39 Fla. L. Weekly D1078 (Fla. 5th DCA May 23, 2014)

The appellate court reversed final summary judgment of mortgage foreclosure because the plaintiff’s notice of default did not comply with the requirements of the mortgage inasmuch as the notice failed to inform the defendant of her rights (1) … Click To Read Full Case Law Review...

INSURANCE: HOMEOWNERS’ INSURANCE: ERROR TO GRANT SUMMARY JUDGMENT FOR INSURER BASED UPON INSUREDS’ FAILURE TO COMPLY WITH POST LOSS CONDITIONS BECAUSE THERE WAS NOT A TOTAL LACK OF COMPLIANCE; CIVIL PROCEDURE: SUMMARY JUDGMENT

Case Decision Date: Reviewed by

Solano v. State Farm Florida Insurance Company, ___ So. 3d ___, 39 Fla. L. Weekly D993 (Fla. 4th DCA May 14, 2014)

Three years after their insurer paid their windstorm loss, the homeowners hired a public adjuster and made a supplemental claim.  The insurer made a partial payment but decided to conduct an investigation before paying additional sums.  After … Click To Read Full Case Law Review...