October 20, 2022 | Legal Alerts

Tallahassee Attorneys Obtain a Defense Verdict in a First Party Windstorm Case

Joshua Canton, Michael Bonfanti, and Taylor Hansford from the firm’s Tallahassee, Florida office recently tried a first party windstorm case in Flagler County. The Plaintiffs argued at trial that the damage to the tile roof and interior of the home was caused by a non-catastrophic windstorm. The Defendant argued that the damage to tile roof was the result of wear, tear, and/or deterioration. The Defendant also argued the interior damage was excluded from coverage as it was not the result of a wind created opening caused by a peril insured against. The jury found for the Defendant and awarded the Plaintiffs nothing ($0) for repair of the home. 

October 18, 2022 | Verdicts and Settlements

Ryan Royce Prevailed on a Motion for Summary Judgment in a Declaratory Action

Ryan W. Royce, an associate in the firm’s Tampa office, prevailed on a motion for summary judgment in a declaratory judgment action brought by Plaintiff against a condominium association (“Association”) after its board had voted for the removal of the onsite sewer system and construction of a new sewer lift station to be able to connect to county sewer lines.  The Plaintiff objected to construction of the new sewer lift station and filed a declaratory judgment action seeking a determination that a majority unit owner vote was required and that the granting of an easement in favor of the county should be deemed void as a matter of law.  In our motion for summary judgment, we successfully argued that although an easement is a real property interest in land, it is a right distinct from ownership of the land itself and does not confer title to the land on which the easement is imposed. Further, because an easement is a right of use and does not transfer title, the Association had the power to grant sewer related easements to the County without a unit owner vote. The trial court agreed with the defense and granted final summary judgment for the defendant. The defendant is now pursuing recovery of its attorney’s fees and costs. 

October 10, 2022 | Legal Alerts

Contractor Fraud and Abuse Negatively Impacting the Florida Insurance Industry

The Florida property insurance market is in dire financial straits, and the situation is getting worse. Insurance companies are struggling to do business in the state, leaving homeowners to pay the price through reduced coverage and higher premiums. Many of the problems the insurance industry faces are the result of unscrupulous contractors who raise the cost of doing business for insurance companies. Many insurers have left the state in the face of insurmountable challenges. While the state has responded by attempting to reform the industry, many of the root causes of the insurance crisis remain unaddressed.

September 27, 2022 | Verdicts and Settlements

Conroy Simberg Attorneys Obtain Defense Verdict in Trucking Case

Miles McGrane, IV, a partner in the firm’s Hollywood office, along with Aaron Zeilberger, an associate in the firm’s Orlando office, obtained a defense verdict on behalf of a trucking company and its driver in a personal injury case after a five day jury trial in Lake County, Florida. The case was bifurcated and this trial was on liability only. The jury deliberated for thirty minutes before returning with their verdict.

September 8, 2022 | Verdicts and Settlements

Hollywood Attorneys Prevail on Motion for Summary Judgment in a Slip-and-Fall Case

Seth Goldberg, a partner in the firm’s Hollywood office, along with Samuel Spinner, an associate in the firm’s appellate department, recently prevailed on a motion for summary judgment in a slip-and-fall case involving a transitory foreign substance. The plaintiff testified that she did not see the liquid before she fell, did not know how long it was on the floor, and did not know how it got on the floor. The defense moved for summary judgment, arguing the plaintiff could not meet her burden to prove that the business owner had actual or constructive knowledge of the substance before the accident as required by Florida Statute section 768.0755. The plaintiff argued that the defendant must have known of the substance because there was an employee in the area where she fell. The trial court rejected this argument, agreeing with the defense that there was no evidence the employee spilled the liquid on the floor or knew about it before the accident. Therefore, the trial court granted final summary judgment for the defendant.