HIATUS
Sorry about the hiatus in the
postings but my wife and I went to Peru, sent some days in Lima attending the
VII Congreso Latinoamericano de Arbitraje, then went to Cusco and Machu Picchu. It was every bit as amazing as advertised.
DEPOSITIONS / SETTING / CERTIORARI
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
APPRAISAL
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.http://www.3dca.flcourts.org/Opinions/3D12-1286.pdf
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
the inca's ability to lift and place the stone walls is amazing. i lived in cuzco for months as a child and loved every minute of it. i am glad u enjoyed it- wonderful food also. did u partake on the mate de coca?
ReplyDeleteit is good to hear that. at least we can now expect some more updates on your blog. :)
ReplyDeleteRumor has it, Juan & Josie Ramirez traveled there with the help of a crusty, antisocial Australian survivalist and several Quechua-speaking, coca-chewing mule tenders as personal guides.
ReplyDeleteeverybody needs a break though. that's excusable.
ReplyDelete