The Third DCA affirmed a jury verdict finding that an insurer underpaid a covered loss, declining the insurer’s invitation to reweigh the evidence where the insured’s unequivocal testimony provided competent substantial evidence supporting the verdict.
The Third DCA dismissed a petition for belated appeal from a pro se litigant who had been barred from filing in the trial court under Spencer, explaining that without a lower court order to review, the appellate court lacks jurisdiction — making a trial court filing bar effectively the ‘end of the road.’
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 affirmed the probate court’s determination that a litigant with a prior lawsuit against the decedent was not a ‘reasonably ascertainable’ creditor entitled to actual notice, where the personal representative’s diligent search of records revealed no indication of an active claim.
The Fourth DCA affirmed the trial court’s refusal to pierce the corporate veil to hold a horse trainer personally liable for her LLC’s breach of a settlement agreement, finding that careless use of corporate names and occasional commingling of funds did not constitute the fraudulent or improper conduct required under Dania Jai-Alai Palace.
The Third DCA reversed a final judgment in a partition action that assigned all attorney’s fees to one co-tenant, holding that section 64.081 requires fees to be apportioned between parties in proportion to their interests in the partitioned property.
The Fourth DCA reversed the denial of an attorney’s petition for fees under section 744.108(1), holding that the statute is not limited to attorneys who represent the ward but extends to attorneys who render services that benefit the ward, including those who petition for appointment of an emergency temporary guardian.
The First DCA affirmed the admission of crime scene photographs showing a Confederate flag tag on the defendant’s vehicle, finding no abuse of discretion where the photos were relevant to damage and paint transfer, the tag could not be redacted without losing evidence, and the State did not dwell on the images.
The Fourth DCA reversed three of the defendant’s drug convictions on double jeopardy grounds, holding that simple possession is subsumed by possession with intent to sell, and that identically-charged trafficking counts for the same date violate the prohibition against multiple punishments for the same offense.