 | September 20, 2001 -- Rosen v. Florida Guaranty Ins. Ass'n |
| A settlement agreement between a plaintiff and an insured constituted a covenant not to execute against the insured, and not a release, where the settlement agreement clearly expressed the parties' intent to preserve claims against the insurer, despite the fact that the settlement agreement provided that the insured... |
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| September 12, 2001 -- Dockery v. Enterprise Rent-A-Car Co. |
| Under the dangerous instrumentality doctrine, a plaintiff pursuing a vicarious liability claim against a car rental agency that owned the vehicle causing his injuries must establish that the rental agency rented the vehicle and consented to its use and operation beyond the rental agency's immediate control... |
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| September 11, 2001 -- Strama v. Union Fidelity Life Ins. Co. |
| The worker's compensation concept of “permanent total disability” does not apply to determination of whether an insured is “totally disabled” under the terms of a credit disability insurance policy. |
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| September 6, 2001 -- Shurman v. Atlantic Mortgage & Invest. Corp. |
| Substituted service of process is invalid when effectuated upon an inmate's wife at the home where the inmate resided prior to his incarceration because the home did not constitute the inmate's "usual place of abode" under Florida Statutes, Section 48.031(1)(a) (1997). |
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| August 29, 2001 -- Marotte v. American Airlines, Inc. |
| The Warsaw Convention applies to a passenger's tort claims arising from an alleged assault by an airline employee that took place while the passenger was trying to enter the airport jetway to board his flight. |
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| August 8, 2001 -- Pappalardo v. Richfield Hospitality Servs., Inc. |
| To award attorney’s fees against a losing party under Florida Statutes, Section 57.105(1), the prevailing party must show that the losing party’s claim so clearly was devoid of merit both on the facts and the law as to be untenable and frivolous. |
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| July 12, 2001 -- Major League Baseball v. Morsani |
| The tolling proscription of Florida Statutes, Section 95.051 (1991) does not embrace the common law doctrine of equitable estoppel because equitable estoppel is not a tolling doctrine. |
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| June 15, 2001 -- Lennox Retail, Inc. v. McMillan |
| A trial court entertaining a motion to dissolve a prejudgment writ of replevin has the discretion to grant that motion if the plaintiff did not comply with the attestation requirements of Florida Statutes, Section 78.068(1). |
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| March 23, 2001 -- Policastro v. Stelk |
| The trial court improperly denied a class action defendant's motion seeking to preclude discovery on the merits of the class action claims until after the trial court determined issues relating to class certification. |
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| March 7, 2001 -- Grand Hall Enter. Co. v. Mackoul |
| A product liability plaintiff is not subject to sanctions for loss or destruction of physical evidence arising from disassembly and inspection of allegedly defective product by plaintiff's expert where the loss or destruction was unintentional and the trial court had not entered an order not to destroy evidence. |
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| March 7, 2001 -- Martha A. Gottfried, Inc. v. Paulette Koch Real Estate, Inc. |
| A real estate agency that did not expressly agree to arbitrate a commission dispute nonetheless is required to arbitrate that dispute because the agency's broker, when applying for membership with the Palm Beach Board of Realtors, signed an application that included an arbitration provision. |
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