Dan Euser Waterarchitecture, Inc. v. City of Miami Beach, 2013 Fla. App. LEXIS 6919 (Fla. 3d DCA May 1, 2013) quashed an order that required a defendant from Canada who was not seeking affirmative relief to appear for his deposition in Miami-Dade County instead of the corporate headquarters in Ontario. The concurring opinion distinguished federal authority on the basis that those cases involved “more exotic destinations.”http://www.3dca.flcourts.org/Opinions/3D13-0180.pdf
Citizens Prop. Ins. Corp. v. Zunjic, 2013 Fla. App. LEXIS 6901 (Fla. 3d DCA May 1, 2013) reiterated a prior holding that the new language in the policy that requires that the parties agree in writing to participate in an appraisal process.Commentary: This opinion seems to reward the insurer playing games because they had twice written to the insurer proposing the claim be resolved through an appraisal and when the insurer requested appraisal, the insurer now did not seem to want it. Meanwhile, the claim remains unresolved.
MOTION FOR DIRECTED VERDICT
John Moriarty & Assocs. of Fla. v. Murton Roofing Corp., 2013 Fla. App. LEXIS 6568 (Fla. 3d DCA Apr. 24, 2013) reversed an order directing a verdict of over $2 million where there was evidence presented supporting the verdict. It also commented on the fact that the trial court adopted verbatim a ten-page order proposed by Moriarty, explaining that while that fact alone did not compel reversal, “Florida courts have been critical of such a practice.” Additionally, the court found a significant inconsistency between the ten-page order and the trial court’s rulings at trial.http://www.3dca.flcourts.org/Opinions/3D11-1632.pdf
SLIP AND FALL / BURDEN OF PROOF
Kenz v. Miami-Dade County & Unicco Serv. Co., 2013 Fla. App. LEXIS 6592 (Fla. 3d DCA Apr. 24, 2013) holding that Fla. Stat. § 768.0755 is a procedural statute which may be applied retroactively. [The statute provides that a person who slips and falls on a transitory foreign substance in an establishment “must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.”]http://www.3dca.flcourts.org/Opinions/3D12-0571.pdf