Law Firm Blog

The 3rd DCA and 5th DCA Issue Decisions on the Application of a Contingency Risk Fee Multiplier with Different Results and Analysis

On December 30, 2015, the 5th DCA issues its decision in Citizens Property Ins. Corp. v. Pulloquinga.  The case dealt with a coverage dispute from a fire loss which resulted in a total loss to the dwelling and personal property.  Citizens initially issued a payment of $5,000.00 but made no further payments.  Suit was […]

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The Clergy-Penitent Privilege: An Overview

Partner Rob Radel, who specializes in defense of church and charitable organizations, recently authored and published this topic article with Andrew Labbe, that will be of significant interest in the defense of these organizations. Mr. Radel and Mr. Labbe are both practicing from the firm’s Tampa office:
Click Here to Read the Article

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Important Ruling on Statutory Definition of Structural Damage

Hillsborough County judge finds that the statutory definition of structural damage is incorporated into a homeowners policy despite it not being expressly written into the policy.

Groelle & Salmon, P.A. continues its success in arguing that the definition of structural damage, Florida Statute 627.706 (k) (2) is incorporated into the policy regardless of whether it […]

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AOB Answer Brief on Homestead Protection

We have received a large number of inquiries regarding our One Call Property Services, Inc. a/a/o Carl & June Schlanger v. St. Johns Ins. Co. AOB appeal.  We developed this theory more than a year ago and have successfully used it before Florida trial judges.  This is the first case on appeal based on […]

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If Defense Verdicts are Good, Summary Judgments are Better

Congratulations to Companion Property & Casualty n/k/a Enstar Group as well as Homeowners Choice Property & Casualty for both securing summary judgments this week.  One summary judgment involved a third-party liability slip and fall while the other lawsuit involved a sinkhole.

In McNabb, Jonathan v. Bay Village Club Condo. Assoc., Inc. and Taylor Elevator Company, […]

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Second DCA Holds Apportionment Not Required in Joint Proposal for Settlement in Vicarious Liability Claim

Miley v. Nash, 40 Fla. Law Weekly D991 (Fla. 2d DCA July 10, 2015)

This case arose from a motor vehicle accident involving Plaintiff Martha Nash and Defendant Kyle Miley. Mrs. Nash and her husband filed suit against Miley and her father, who owned the vehicle which she was driving at the time of the […]

Important Recent Developments in the Area of Clergy Sexual Misconduct

by F. Robert Radel, II., Esq. & Andrew A Labbe, Esq.

Will I know him when I see him? The answer has proved to be a resounding “no.” Until recently, the words “sexual predator” evoked the image of a dirty old man, dressed in a trench coat, lurking around an elementary school. Today, with ever […]

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THE LAW OF PREMISES LIABILITY – AN OVERVIEW

by F. Robert Radel, II., Esq. & Andrew A. Labbe, Esq.
People outside the legal profession are often surprised to learn that they could be held liable for injuries sustained by others while on their premises, but which were caused by the actions of third parties. It undoubtedly seems inconceivable to those who have not […]

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Repressed Memory: Real or Fantasy?

by  

“When I was younger, I could remember anything, whether it had happened or not.”
-Mark Twain
Throughout the last two decades, courtrooms have been deluged with litigation regarding allegations of repressed memories of childhood sexual abuse, leading to considerable debate as to whether the concept itself, not to mention the actual memory, is real or […]

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The Clergy-Penitent Privilege: An Overview

By F. Robert Radel, II & Andrew A. Labbe

The clergy-penitent privilege is one of the oldest and most well-recognized privileges in the United States. While other once-recognized privileges have since withered or fallen from the vine, there remains considerable support for the clergy-penitent privilege.[1] However, many debate the rationale behind this privilege, and some question […]

Categories: Clergy|Tags: |