Litigating Civil Cases at Lightning Speed: The Impending Florida Civil Procedure Rule Changes

Court issues order striking plaintiff’s demand for attorney’s fees.

Swift Response Response Restoration Inc. v. Truck Insurance Exchange, Miami-Dade County Court, Case No. 2023-103030 CC-26, J. Jacqueline Woodward

Carrier did not waive late notice defense.

Security First Insurance Company v. Linda and Silvio Visca, Fla. 4th DCA, 4D2023-0961, June 5, 2024. Appeal from the Circuit Court for the Seventh Judicial Circuit, Broward County; Michael A. Robinson, Judge; L.T. Case No. CACE20-014982

Second District Court of Appeals finds the trial court erred in granting summary judgment in favor of insured where she and carrier’s competing affidavits created a general issue of material fact which should have precluded summary judgment.

Michel Lassiter v. Citizens Property Insurance Company, Fla. 2d DCA, No. 2D2022-2609, May 29, 2024

Condominium associations have duty to repair common elements regardless if the damages were caused by an event in a non-common element unit.

Randy Mcllenan, Kayla Mcllenan, and Charles Williams, Appellants v. Cypress Chase North Condominium No. 4 Association, Inc., Appellee, Fla. 4th DCA, Case No. 4d2023-1269, June 5, 2024

Fourth District Court upheld that, while the homeowners’ Proposal for Settlement was a joint proposal, there was no need for apportionment to comply with Rule 1.442.

Nadja Mackensen and Wolfgang Mackensen v. Trace Elements, Inc., 49 Fla. L. Weekly D1025 (Fla. 4th DCA 2024)

A preferred contractor endorsement in a homeowners policy applies to the contractor hired by the insured.

Synergy Contracting Group, Inc. a/a/o Shuttleworth v. People’s Trust Insurance Company, Fla. 2nd DCA, 2D2022-0698, June 7, 2024

Summary judgment ruling reversed for failure to comply with timing requirements of Fla. R. Civ. P. 1.510(b).

Beaches MRI, a/a/o Eileen Thibodeaux v. Safeco Insurance Company of Illinois, Fla. 4th DCA, 4D2023-0800, June 6, 2024

First District Court of Appeal finds setoff is appropriate in an underinsured motorist claim when the tortfeasor’s liability coverage is available to an injured plaintiff, even when no benefits have been paid.

Richard Hale v. GEICO General Insurance Company, Fla. 1st DCA, 1D2022-3389, June 5, 2024

District Court finds that trial court’s order lacked specificity, stressing that when a party asserts privilege objections, the trial court must make specific findings to support the overruling of those objections.

Apex Roofing a/a/o Nancy Forde v. Security First Insurance Company, Fla. 5th DCA, 5D2023-2629, May 31, 2024

Third District Court reversed and remanded order granting insured’s motion for summary judgment based on insured’s failure to comply with policy conditions.

United Automobile Insurance Company v. LFC Medical Center, Inc., Fla. 3rd DCA, 3D22-1547, June 5, 2024