SCALES , J. Lazar, Dovie and Ben Leybovich, the plaintiffs below, appeal an order granting final summary judgment in favor of SecureAlert, Inc., the defendant below, on their claim for breach of contract. The Leyboviches argue that: (i) the trial court's sua sponte reconsideration of SecureAlert's, Inc.'s motion for summary judgment violated their due process rights; (ii) the trial court erred, as a matter of law, in finding that their breach of contract action was barred by a release...
BILBREY , J. Railworks Track Systems, Inc., the plaintiff at trial, sent a proposal for settlement 1 by email to Oldcastle Southern Group, Inc., the defendant. The proposal was received by Oldcastle, not accepted, and then following trial Railworks received a judgment more than 25 percent greater than the amount demanded in the proposal. See 768.79(1), Fla. Stat. (2014). Oldcastle contends the proposal had to be served in accordance with rule 2.516, Florida Rules of Judicial...
SALTER , J. Rebecca Willie-Koonce, plaintiff below, appeals an order dismissing her personal injury suit against Miami Sunshine Transfer & Tours Corporation ("Miami Sunshine") for fraud on the court. We affirm, finding that the trial court did not abuse its discretion after considering a highly-probative surveillance video and the testimony of Ms. Willie-Koonce regarding her claimed limitations after her accident. Facts In September 2014, Ms. Willie-Koonce hired Miami Sunshine to drive...
B.L. THOMAS , C.J. Eight years ago, Appellants initiated a legal challenge to Florida's public school system, asserting that the State's entire K-12 public education system — which includes 67 school districts, approximately 2.7 million students, 170,000 teachers, 150,000 staff members, and 4,000 schools — is in violation of the Florida Constitution. Appellants sued the Florida State Board of Education, the President of the Florida Senate, the Speaker of the Florida House of...
PER CURIAM . Affirmed. Wald v. Grainger , 64 So.3d 1201 , 1204-05 (Fla. 2011); Philip Morris USA, Inc. v. Ledoux , 230 So.3d 530 , ___, 2017 WL 4654965 (Fla. 3d DCA Oct. 18, 2017).
SALTER , J. The Bank of New York Mellon ("BNYM") appeals a final order of involuntary dismissal in favor of defendants/borrowers Samuel Beaufort and Audrey Horne-Beaufort (the "Borrowers") in this residential mortgage foreclosure case. At the close of a non-jury trial, the circuit court dismissed the complaint based on BNYM's "failure to prove standing as of the time the case was filed." We reverse and remand. Facts and Procedural History In September 2013, as BNYM prepared to commence...
Damoorgian , J. In this Engle 1 progeny case, Philip Morris USA Inc. ("PM") appeals a final judgment entered in favor of Bernice McCall ("Plaintiff"), individually and as the personal representative of the estate of Martin McCall ("Decedent"), on her survival and loss of consortium claims. PM argues that the loss of consortium award must be vacated because the claim was barred by the applicable statute of limitations. PM also argues, as it does in every Engle appeal, that the court's...
Damoorgian , J. In this Engle 1 progeny case, R.J. Reynolds Tobacco Company ("RJR") appeals the final judgment entered in favor of Thomas Ryan and his wife Bettye Ryan ("Plaintiffs") after the jury found RJR liable for Mr. Ryan's chronic obstructive pulmonary disease. Both parties raise several issues on appeal and cross-appeal, however we write only to address: (1) RJR's argument that the Surgeon General's Reports ("the Reports") were erroneously admitted into evidence and improperly...
PER CURIAM . Affirmed. See Rodriguez-Faro v. M. Escarda Contractor, Inc. , 69 So.3d 1097 (Fla. 3d DCA 2011).
EMAS , J. In these consolidated appeals, Agritrade L.P. and Agritrade Lending, S.A. appeal partial final summary judgments entered against them in favor of Antonio Quercia and Agro Supply, S.A., and Juan Curbelo appeals final judgment entered against him, following a jury trial, in favor of Agro Supply, S.A. For the reasons that follow, we affirm in part and reverse in part. BACKGROUND AND PROCEDURAL HISTORY Agritrade L.P. ("LP") and Agritrade Lending, S.A. ("Lending") are in the...
LaROSE , Chief Judge . Scott Shimer, the former husband, appeals an amended final judgment of dissolution of marriage. Elizabeth Corey, the former wife, cross-appeals. We have jurisdiction. See Fla. R. App. P. 9.030(b)(1)(A). We affirm on all issues that Mr. Shimer asserts. We affirm on all but one issue advanced by Ms. Corey. We reverse on Ms. Corey's third issue. Ms. Corey argues, and Mr. Shimer concedes, that the trial court erred in requiring Ms. Corey to maintain a life insurance...
PER CURIAM . Progressive Select Insurance Company (hereinafter "Progressive") petitions this court for a writ of certiorari, seeking to quash an opinion issued by the Circuit Court for Orange County, sitting in its appellate capacity, which affirmed the final judgment entered by the County Court. We deny the petition based upon the reasoning set forth in our opinion in Progressive Select Insurance v. Florida Hospital Medical Center A/A/O Jonathan Parent , No. 5D16-2333, ___ So.3d ___, 2017...
SAWAYA , J. This certiorari proceeding concerns the proper methodology to determine the application of the deductible authorized under section 627.739(2), Florida Statutes (2014), when personal injury protection ("PIP") benefits are sought by an insured. The decision we review (rendered by the circuit court in its appellate capacity) provides that, when calculating the amount of PIP benefits due to the insured, section 627.739(2) requires the deductible to be subtracted from the total...
DECISION WITHOUT PUBLISHED OPINION Affirmed.
PER CURIAM . R.J. Reynolds Tobacco Company appeals from a final judgment following a jury trial in this Engle 1 -progeny tobacco litigation case. We affirm the final judgment in all respects. As we did in Philip Morris USA Inc. v. Boatright , 217 So.3d 166 (Fla. 2d DCA 2017), we certify conflict with R.J. Reynolds Tobacco Co. v. Schoeff , 178 So.3d 487 (Fla. 4th DCA 2015), review granted , No. SC15-2233, 2016 WL 3127698 (Fla. May 26, 2016), on R.J. Reynolds's argument pertaining to...
DECISION WITHOUT PUBLISHED OPINION Affirmed.
