The Third DCA granted certiorari and quashed a costs order where the insurer filed its motion to tax costs more than 300 days after the action was dismissed for lack of prosecution, far exceeding the 30-day deadline under Rule 1.525.
The Third DCA affirmed the award of contractual attorney’s fees to a prevailing counterclaimant under section 57.105(7)’s reciprocity provision, including fees for defending against a prejudgment writ of garnishment, but reversed the application of a 1.5 contingency risk multiplier as unsupported by competent substantial evidence.
The Fourth DCA held that a proposal for settlement served under section 768.79 was ineffective where the parties’ contract contained a New York choice-of-law provision that had not yet been waived at the time the proposal was served, even though the offeree later waived the provision.
The Fourth DCA reversed the denial of a motion to compel arbitration in a FDUTPA vehicle purchase dispute, holding that the trial court erred by deferring factual disputes about agreement validity to a jury rather than resolving them at the evidentiary hearing.
First Department reverses striking of plaintiff’s pleading where court’s own error in marking action disposed contributed to scheduling lapse, reinstating the case for discovery.
First Department confirms arbitration award applying res judicata to bar second arbitration after prior voluntary stipulation of dismissal with prejudice on identical claims.
First Department affirms dismissal of retired NYPD officer’s Article 78 petition as time-barred, holding that a letter requesting reconsideration does not restart the four-month statute of limitations.
First Department affirms denial of vacatur of default judgment in insurance coverage dispute, finding plaintiffs failed to oppose the original motion and delayed nearly a year before seeking relief.
First Department affirms forum non conveniens dismissal of derivative action brought on behalf of Swiss bank Credit Suisse, finding claims lacked substantial nexus with New York and arose under Swiss law.
The Second Department affirmed denial of a motion to vacate a default on a serious injury threshold motion, finding that a calendaring error was mere neglect insufficient to establish a reasonable excuse.