Law Firm Blog

Island Roofing and Restoration, LLC (a/a/o Michael Linihan and Susan Linihan) v. ASI Preferred Insurance Corporation

Island Roofing and Restoration, LLC (a/a/o Michael Linihan and Susan Linihan) v. ASI Preferred Insurance Corporation, 27 Fla. L. Weekly Supp. 1026a (Fla. Feb. 10, 2020). In Collier County Case No. 11-2019-CA-000932-001-XX. Judge Hugh D. Hayes granted Defendant’s Motion to Strike Attorney Fee Claim in an assignment of benefits case, holding that attorney’s fees […]

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Jozsef Basco v. Citizens Property Insurance Corporation

Jozsef Basco v. Citizens Property Insurance Corporation, 27 Fla. L. Weekly Supp. 1018a (Fla. Jan. 16, 2020). In Miami-Dade County Case No. 2017-001602-CA-01, Judge Jose Rodriguez granted Defendant’s Motion for Summary Judgment in lawsuit arising from a denied windstorm loss, finding the Plaintiff’s expert affidavit was insufficient to raise a disputed issue of material […]

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Altagracia Mera v. Citizens Property & Casualty Insurance Corporation

Altagracia Mera v. Citizens Property & Casualty Insurance Corporation, Fla. Supp. 2801MERA (Fla. Feb. 20, 2020).  In Broward County Case No. CACE18020878, Judge Michael Robinson granted Citizens’ Motion for Summary Judgment, finding the exclusion for wear and tear applicable.  The court found that the affidavit of the insured’s public adjuster was conclusory, and lacked […]

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TRIAL COURT ORDERS DISMISSAL WITH PREJUDICE AS SANCTION FOR BENCHMARK CONSULTING’S DISCOVERY VIOLATIONS

GROELLE & SALMON FAVORABLE RULINGS

TRIAL COURT ORDERS DISMISSAL WITH PREJUDICE AS SANCTION FOR BENCHMARK CONSULTING’S DISCOVERY VIOLATIONS

Kimberly A. Salmon, Partner –  St. Petersburg Office

Congratulations to Edison Insurance Company for its dismissal of a lawsuit in the matter of Benchmark Consulting, Inc. a/a/o Aaron Hynick v. Edison Insurance Company, Case No. 19-CA-002375, Thirteen Judicial Circuit for Hillsborough County, […]

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TRIAL COURT FINDS STREMS’ ATTEMPT TO WITHDRAW ITS NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE INSUFFICIENT

GROELLE & SALMON FAVORABLE RULINGS

 

TRIAL COURT FINDS STREMS’ ATTEMPT TO WITHDRAW ITS NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE INSUFFICIENT

Meghan Wilson, Partner – West Palm Beach, East Office

Congratulations to Homeowners Choice Property and Casualty Insurance Company for its dismissal of a lawsuit filed by The Strems Law Firm in the Circuit Court of Palm Beach […]

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CASE LAW UPDATE SECOND DCA REVERSES SUMMARY JUDGMENT FOR PLASMA DONATION CENTER IN SLIP AND FALL, FINDING A GENUINE ISSUE OF MATERIAL FACT AS TO DEFENDANTS’ CONSTRUCTIVE KNOWLEDGE OF A DANGEROS CONDITION

CASE LAW UPDATE

SECOND DCA REVERSES SUMMARY JUDGMENT FOR PLASMA DONATION CENTER IN SLIP AND FALL, FINDING A GENUINE ISSUE OF MATERIAL FACT AS TO DEFENDANTS’ CONSTRUCTIVE KNOWLEDGE OF A DANGEROS CONDITION

Kimberly A. Salmon, Partner – St. Petersburg Office

In Michael R. Normal v. DCI Biologicals Dunedin, LLC, and BPL Plasma, Inc., (collectively the Plasma Defendants), the […]

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CASE LAW UPDATE BROWARD COUNTY JUDGE DISQUALIFIED FOR BIAS AGAINST PUBLIX’S LACK OF POLICY AGAINST HANDS-FREE USE OF CELL PHONE WHILE DRIVING

CASE LAW UPDATE

BROWARD COUNTY JUDGE DISQUALIFIED FOR BIAS AGAINST PUBLIX’S LACK OF POLICY AGAINST HANDS-FREE USE OF CELL PHONE WHILE DRIVING

Kimberly A. Salmon, Partner –  St. Petersburg Office

In the case of Publix Supermarkets, Inc. and Randolph Sapp v. Monica Olivares, Publix Supermarkets brought a writ of prohibition to disqualify a Broward County trial judge in […]

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CASE LAW UPDATE THIRD DCA HOLDS THAT TRIAL EXPERT’S AFFIDAVIT MUST INCLUDE AN ANALYSIS THAT CREATES A GENUINE ISSUE OF MATERIAL FACT TO DEFEAT SUMMARY JUDGMENT

CASE LAW UPDATE

 

THIRD DCA HOLDS THAT TRIAL EXPERT’S AFFIDAVIT MUST

INCLUDE AN ANALYSIS THAT CREATES A GENUINE ISSUE OF MATERIAL FACT TO DEFEAT SUMMARY JUDGMENT

 Cameron D. Diehl, Associate Attorney – St. Petersburg Office

In early May, the Third DCA issued an opinion in Osmany Estevez and Yenisbel Ramirez, v. Citizens Property Insurance Corporation, ruling that […]

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CASE LAW UPDATE ANTI-CONCURRENT CAUSATION POLICY LANGUAGE PRECLUDES RECOVERY

CASE LAW UPDATE

ANTI-CONCURRENT CAUSATION POLICY LANGUAGE PRECLUDES RECOVERY

Michele A. Russell, Associate Attorney – West Palm Beach, West Office

The Third District Court of Appeal recently held in Sec. First Ins. Co. V. Czelusniak, that the trial court erred in directing the verdict in favor of the insured by applying the concurrent cause doctrine where […]

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CASE LAW UPDATE THE THIRD DISTRICT FINDS THAT THERE IS NO COVERAGE FOR DAMAGE CAUSED BY BLASTING UNDER THE UNAMBIGUOUS EARTH MOVEMENT EXCLUSION

CASE LAW UPDATE

 THE THIRD DISTRICT FINDS THAT THERE IS NO COVERAGE FOR DAMAGE CAUSED BY BLASTING UNDER THE UNAMBIGUOUS EARTH MOVEMENT EXCLUSION

 In a recent ruling in Hernandez v. Citizens Property Insurance Corporation, the Third District Court of Appeal affirmed the trial court’s decision granting Citizens’ Motion for Summary Judgment, finding that there was no […]

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