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Florida Estoppel Law
 
Fernando Montes v. Mastec North America, Inc.

Fernando Montes and his wife appeal a final summary judgment against them in favor of Mastec North America, Inc. The circuit court lawsuit arose from

2

personal injuries sustained by Mr. Montes, a condominium security guard, in 2008 when a ladder owned or used by Mastec allegedly fell on him, with resulting medical expenses exceeding $100,000. The final summary judgment was based on ... More...
   $0 (02-12-2014 - FL)

Susan Lee Flaherty v. Jerald Charles Flaherty

The former wife appeals the final judgment of dissolution. She specifically challenges the circuit court's determination that the parties' prenuptial agreement was valid and enforceable as a result of the application of laches and ratification. She does not challenge the trial court's determination that she is not entitled to any alimony under section 61.08, Florida Statutes (2012). Because it is ... More...   $0 (12-20-2013 - FL)

In Re: Standard Jury Instructions - Contract and Business Cases

This matter is before the Court upon the report, recommendation and proposal of the Supreme Court Committee on Standard Jury Instructions— Contract and Business Cases and a printed book of instructions prepared by the Committee for use when appropriate in civil cases. We have jurisdiction. See art. V, § 2(a), Fla. Const. This Court generally approves the theory and technique of instructing juri... More...   $0 (06-06-2013 - FL)

Lisa M. Detourney, et al. v. City of Coral Gables, etc., et al.

Lisa Detournay and Brenda Randol, who own homes in Coral Gables, and their homeowners’ association, the Rivera Neighborhood Association, Inc., (hereinafter “the Homeowners”) filed a two-count complaint to require the City of Coral Gables to prosecute an enforcement action against nearby property owned by Amace Properties, Inc. The trial court dismissed the first count for lack of standing. A... More...   $0 (12-04-2013 - FL)

Edward I. Golden v. Carol Ann Jones

Appellant Edward Golden, the curator of the Estate of Katherine Jones, appeals a final order striking a claim filed against the Estate of Harry Bruce Jones. We reverse, because the trial court erred in determining that the claim was untimely without first determining whether the claimant was a known or reasonably ascertainable creditor. We hold that if a known or reasonably ascertainable creditor ... More...   $0 (10-30-2013 - FL)

Alvin Walker v. R.J. Reynolds Tobacco Company

We sua sponte vacate and reconsider our original opinion in this matter. We substitute the following opinion for our original opinion.

This appeal by R.J. Reynolds Tobacco Company of money judgments in favor of the survivors of two smokers requires us to decide whether a decision of the Supreme Court of Florida in an earlier class action is entitled to full faith and credit in federal cou... More...
   $0 (10-30-2013 - FL)

Alvin Walker v. R.J. Reynolds Tobacco Company

This appeal by R.J. Reynolds Tobacco Company of money judgments in favor of the survivors of two smokers requires us to decide whether a decision of the Supreme Court of Florida in an earlier class action is entitled to full faith and credit in federal court. Florida smokers and their survivors filed in state court a class action against the major tobacco companies that manufacture cigarettes in t... More...   $0 (09-12-2013 - FL)

John Rizzuto v. Philip Morris USA and Liggett Group

John Rizzuto, age 66, sued Philip Morris USA and Liggett Group on products liability theories claiming to have been injured and/or damaged by the cigarettes manufactured and sold by the Defendants that he claimed caused him to developed COPD. Rizzulo started smoking at age 13.

He claimed that the Defendants created and designed nicotine-delivering devices that were marketed to ensnare tee... More...
   $12550000 (08-23-2013 - FL)

Pulte Home Corporation v. Bay at Cypress Creek Homeowners' Association, Inc.

Pulte Home Corporation (Pulte) seeks review of the circuit court's order denying its renewed motion to compel arbitration of an action brought by Bay at Cypress Creek Homeowners' Association, Inc. (the HOA), for alleged building code

- 2 -

violations under section 553.84, Florida Statutes (2011). 1 We reverse the order under review on the authority of Pulte Home Corp. v. Vermilli... More...
   $0 (08-09-2013 - FL)

State Farm Mutual Automobile Insurance Company v. Scott Christopher Siegie

State Farm Mutual Automobile Insurance Company appeals from a $100,000 judgment entered in favor of its insured, appellee Scott Siergiej, in an action

- 2 -

seeking uninsured motorist coverage. The judgment equals the coverage limit on the uninsured motorist policy State Farm issued to Mr. Siergiej. The jury's verdict totaled $211,000. Before trial, State Farm waived its right to sub... More...
   $0 (06-14-2013 - FL)

Philip Morris USAS, Inc. v. James L. Douglas

We review the decision of the Second District Court of Appeal in Philip Morris USA, Inc. v. Douglas, 83 So. 3d 1002, 1011 (Fla. 2d DCA 2012), in which the Second District certified the following question of great public importance:1 DOES ACCEPTING AS RES JUDICATA THE EIGHT PHASE I FINDINGS APPROVED IN ENGLE V. LIGGETT GROUP, INC., 945 So. 2d 1246 (Fla. 2006), VIOLATE THE [ENGLE DEFENDANTS’] DUE ... More...   $0 (03-14-2013 - FL)

TDM of Central Florida, LLC v. Saul Holdings Limited Partnership

The Appellant, TDM of Central Florida, LLC ("TDM"), appeals the final summary judgment entered in favor of the Appellee, Saul Holdings Limited Partnership ("Saul Holdings"). TDM contends that the trial court should not have granted summary judgment in this case because issues of material fact remain. We agree and reverse.

On April 8, 2008, TDM entered into a commercial lease with Saul Holdi... More...
   $0 (01-18-2013 - FL)

Congress Park Office Condos II, LLC v. First-Citizens Bank & Trust Company

The borrowers in a commercial real estate transaction appeal an order of the trial court granting final judgment of foreclosure in favor of First- Citizens Bank & Trust Co. We affirm, holding that (1) the trial court did not abuse its discretion in granting summary judgment while discovery was outstanding and (2) the borrowers have shown no material issues of fact that would preclude summary judgm... More...   $0 (01-16-2013 - FL)

Inacio Lobo v. Celebrity Cruises, Inc.

In Lobo v. Celebrity Cruises, Inc. (“Lobo I”), 488 F.3d 891 (11th Cir. 2007), we held that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“Convention”) and its implementing legislation, 9 U.S.C. §§ 202- 208, superceded the Seaman’s Wage Act, 46 U.S.C. § 10313, and required the District Court to grant a motion to compel arbitration of a foreign seaman’s... More...   $0 (01-08-2013 - fl)

Laura Mason v. Russell Janssen

Laura Mason seeks a writ of certiorari to quash a circuit court order that denied her amended motion to compel Russell Janssen's compliance with discovery and directed that discovery would be permitted only if Mason filed a motion for modification of child support. We grant the petition.

The parties had a child in February 1994 and began litigating within a few months thereafter. In 1997, M... More...
   $0 (09-14-2012 - FL)

Rosa LaRue v. Kalex Construction and Development, Inc.

The issue we must resolve in this appeal is whether full performance of an alleged oral employment agreement, which was incapable of performance within one year, is barred by the statute of frauds. Because we conclude that it is barred, we affirm the trial court’s order granting summary judgment and entering final judgment in favor of Kalex Construction and Development, Inc. (“Kalex”).
More...
   $0 (08-23-2012 - FL)

Union Carbide Corporation v. William P. Aubin

Union Carbide Corporation (“Union Carbide”) appeals from a final judgment awarding Aubin $6,624,150 in damages on his asbestos-related, products liability claims. Because Aubin failed to present any evidence demonstrating that the defective design of SG-210 Calidria caused Aubin’s harm, peritoneal mesothelioma, we reverse the trial court’s denial of Union Carbide’s motion for a directed ... More...   $0 (08-23-2012 - FL)

Atef Zakhary, M.D. v. Raymond Thompson, PSM, Inc.

Atef Zakhary, M.D., and Heba Zakhary, his wife ("the Zakharys"), appeal a final summary judgment in their action against Raymond Thompson PSM, Inc.; its employee, Eric Blackburn; and Raymond Thompson individually (collectively "Raymond Thompson"). We reverse and remand for further proceedings.

The Zakharys filed a lawsuit against Raymond Thompson, which is a land surveying company, alleging... More...
   $0 (08-08-2012 - FL)

Lash & Goldberg, LLP v. Andrea Clarke

We reverse an order denying a motion to compel arbitration. The complaint’s allegations of concerted conduct between parties and nonparties to the arbitration agreement permit the non-parties to insist on arbitration under the agreement.

Andrea Clarke filed a multi-count complaint against Palm Beach Gardens Community Hospital, Inc., Tenet South Florida Regional Resource Pool, Tenet Health... More...
   $0 (05-16-2012 - FL)

Frank C. Caballero v. Phoenix American Holdings, Inc.

This is an appeal by a counter-plaintiff, Frank C. Caballero, from a final summary judgment finding the language of a General Release executed by Caballero exonerates the appellees—five third-party corporate defendants: Phoenix American Holdings, Inc.; Phoenix American Insurance Group, Inc.; Phoenix American Administrators, Inc.; Insurance Adjustment Services, Inc.; and Wynn’s Extended Care, I... More...   $0 (01-18-2012 - FL)

Jacquelyn N. Young v. Becker & Poliakoff, P.A.

This appeal stems from a suit against the law firm of Becker & Poliakoff for legal malpractice and breach of fiduciary duty. Jacquelyn Young appeals from the trial court’s order remitting the jury’s $4.5 million punitive damages award against Becker & Poliakoff to $2 million, or alternatively, granting a new trial on punitive damages. Becker & Poliakoff cross-appeals, contending that it was en... More...   $0 (12-21-2011 - FL)

Doris Rich Corya v. Roy Sanders

Appellant challenges a final summary judgment in which the trial court ordered appellant to file accountings for various trusts of which appellant was trustee. Because there are disputed issues of material fact as well as the fact that the appellee, as moving party, failed to negate appellant’s affirmative defenses, we reverse.

Appellee, Roy Sanders, is a beneficiary of several trusts tha... More...
   $0 (12-07-2011 - FL)

Terry Layne v. Nancy Marie Layne

Appellant appeals the trial court’s Order of Subsequent Summary Administration in which the court found that Appellant had no interest in certain real property held by his late father’s estate and, instead, distributed the property to Appellant’s sister and his father’s former wife. For the reasons explained below, we reverse.

Factual Background

The facts in this case were un... More...
   $0 (11-16-2011 - FL)

Omar Miranda v. Azul Plastering Corp.

In this workers’ compensation case, Claimant appeals an order of the Judge of Compensation Claims (JCC) denying all claims on statute of limitations grounds. Claimant raises two points on appeal. We affirm the argument that entry of a prior order requiring the Employer/Carrier (E/C) to pay a bill revived the claim despite the statute of limitations, as that argument was not preserved for appella... More...   $0 (11-16-2011 - FL)

Odette Schwartz v. The Guardian Life Insurance Company of America

Odette Schwartz appeals the denial of her motion for summary judgment a n d th e granting of summary judgment in favor of The Guardian Life Insurance Company of America (“Guardian Life”). Odette raises five issues on appeal regarding the order granting Guardian Life’s motion for summary judgment. She contends the trial court erred by (1) granting summary judgment when the facts are in disput... More...   $0 (10-05-2011 - FL)

Black Diamond Properties, Inc. v. Charles S. Haines

Defendants, Black Diamond Properties, Inc. (“Properties, Inc.”), Black Diamond Realty (“Realty, Inc.”), and Stanley C. Olsen, appeal a final judgment based upon a jury verdict awarding damages for misleading advertising to Plaintiffs, Charles and Kathy Haines, Angelo and Brenda Masut, Tom Howell, and Richard Conboy. The issues we will address are whether the misleading advertising claims a... More...   $0 (09-23-2011 - FL)

Jackson Hewitt, Inc. v. Frank A. Kaman

In this appeal, Jackson Hewitt, Inc., a franchisor, asks us to decide whether it can be held liable to Frank A. Kaman and Ellen M. Kaman, investors defrauded by an affiliate of one of its franchisees. On the facts presented, we hold that Jackson Hewitt is not liable to the Kamans. Accordingly, we reverse the final judgment entered on the jury's verdict in the Kamans' favor. On the Kamans' cross-ap... More...   $0 (09-09-2011 - FL)

JN Auto Collection, Corp. v. U.S. Security Insurance Company

JN Auto Collection, Corp. (“JN”) appeals a directed verdict in favor of U.S. Security Insurance Company (“US”). We reverse.

JN is a used car dealer in the business of buying and selling repaired vehicles, some of which have state-issued certificates of destruction. For several years, US sold general liability garage keepers insurance to JN. In May 2006, US added an endorsement to it... More...
   $0 (04-06-2011 - FL)

Miguel Angel Sanchez Osorio v. Dow Chemical Company

This appeal concerns the enforceability, under Florida law, of an over-$97 million judgment a Nicaraguan court awarded 150 Nicaraguan agricultural workers, the plaintiffs here, against Dow Chemical Company (“Dow”) to Dole Food Company, Inc. (“Dole”), the defendants. The judgment compensated these workers for the physical and psychological injuries they purportedly sustained from exposure t... More...   $0 (03-25-2011 - FL)

Household Finance Corporation, III v. Henry Fred Mitchell, Sr.

We reverse the trial court’s denial of the appellant’s motion to vacate the default judgment entered against it in the foreclosure proceedings below. Because we conclude that the appellant raised one or more meritorious defenses, and because the trial court found that it met the other prerequisites for granting the motion, we reverse and remand for entry of an order vacating the default.
More...
   $0 (01-19-2011 - FL)

Richard Denton v. Good Way Oil 902 Corp.

This contract to sell commercial real estate failed to close. The buyer sued the seller for specific performance and other equitable relief. It also sued other defendants for intentional interference with the contract and slander of title. The claims were tried simultaneously to a jury (money damages) and the judge (equitable claims). As Murphy’s law would predict, the jury went one way and the ... More...   $0 (11-10-2010 - FL)

Douglas B. Stalley v. Transitional Hospitals Corporation of Tampa, Inc.

Douglas B. Stalley, as Personal Representative of the Estate of Roderic L'Aine, Deceased (the Estate), appeals the trial court's order that stayed its lawsuit for wrongful death and negligence and compelled arbitration of its dispute with Transitional Hospitals Corporation of Tampa, Inc., Kindred Healthcare Operating, Inc., and Kindred Healthcare, Inc. (collectively Kindred). The Estate contends t... More...   $0 (08-11-2010 - FL)

William Hadden v. State Farm Fire & Casualty Company

This matter is before the court on appeal by William Hadden from an adverse summary judgment in favor of State Farm Fire & Casualty Company. State Farm raised as an affirmative defense the doctrine of judicial estoppel, and the trial court entered a summary judgment against Hadden based on that defense. Hadden asserts that this was error. We agree and reverse.

Hadden owned real property in ... More...
   $0 (06-04-2010 - FL)

Carla R. Morrison v. William E. West, Jr.

The issue presented in this case is whether an attorney not licensed to practice law in Florida, but who provided legal services in Florida in a probate and trust matter, is entitled to collect the quantum meruit value of his fee in an amount in excess of one million dollars. We hold that it violates public policy for a court to award a fee, even in quantum meruit, for the unlicensed practice of l... More...   $0 (02-17-2010 - FL)

Debra Sinkle Kolsky v. Jackson Square, LLC

The appellants, five of eight defendants in the suit below, appeal from the trial court’s order denying their motion to compel arbitration and motion to dismiss for improper venue. For the following reasons, we reverse that portion of the order denying the appellants’ motion to compel arbitration. We affirm, however, that portion of the order denying the motion to dismiss for improper venue wi... More...   $0 (02-24-2010 - FL)

Walter Wiesenberg v. Costa Crociere, S.p.A.

This is an appeal of an order dismissing Walter Wiesenberg’s complaint for personal injuries he sustained as a passenger on a cruise ship. We affirm the dismissal order on the theory that the forum selection clause in the cruise ticket is enforceable. The lawsuit of plaintiff Wiesenberg had to be filed in federal court.

I.

The trial court dismissed the case now before us on the... More...
   $0 (02-24-2010 - FL)

Dawn Georgette Myers v. Central Florida Investments, Inc., David Siegel, et al.

Defendants Central Florida Investments, Inc., Westgate Resorts, Inc., Westgate Resorts, Ltd., CFI Sales and Marketing, Ltd., and David Siegel appeal and plaintiff Dawn Georgette Myers cross-appeals the judgment of the district court, after a jury trial, in favor of Myers in the amount of $610,469.84. Myers recovered $103,622.09 in compensatory damages and $506,847.75 in punitive damages arising fr... More...   $0 (01-06-2010 - FL)

Connecticut State Dental Association v. Anthem Health Plans, Inc. d.b.a. Anthem Blue Cross & Blue Shield, of CT

These consolidated appeals require us to decide whether § 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132(a)(1)(B), completely preempts one or more of Plaintiffs’ state law claims, thus providing a basis for federal question jurisdiction. Plaintiffs, Martin J. Rutt (“Rutt”) D.D.S., Michael Egan (“Egan”), D.D.S., and Connect State Dent... More...   $0 (12-30-2009 - FL)

Allan Michael Roth v. Bank of America, N.A., et al.

Allan M. Roth appeals from a final judgment of foreclosure. The judgment granted Pamela G. Roth's motion for final summary judgment. Because there were disputed issues of material fact that precluded entry of a final summary judgment, we reverse.

The promissory note and mortgage at issue arose from the dissolution of the marriage of Allan and Pamela Roth. As part of the equitable distributi... More...
   $0 (11-18-2009 - FL)

Jameson Cooper v. Meridian Yachts, Ltd., et al.

This case concerns an injury to a sea captain and the subsequent settlement of his claims by the third-party plaintiffs. The present appeal arises out of the third-party plaintiffs' attempt to recover the sums paid to settle the maritime personal injury action. Specifically, the third-party plaintiffs seek indemnity, contribution and equitable subrogation from the third-party defendants, who alleg... More...   $0 (07-21-2009 - FL)

 
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