The Fourth District Court of Appeal recently reaffirmed under what scenario an insured may be entitled to fees under Florida Statute section 627.428 in a claims adjusting dispute.  In Goldman v. USAA, 4D17-1098 (Fla. 4th DCA 2018), homeowners notified their insurer about a plumbing leak that damaged their home.  USAA investigated the claim and issued payment.  The homeowners filed suit for breach of contract without letting USAA know they disputed the insurance payment.  USAA moved to compel appraisal and paid the amount of the subsequent appraisal award, which established the […]

Boyd & Jenerette is pleased to welcome Associate Attorneys Josh I. Corriveau, Geneva R. Fountain and Lovecia Holmes-Oglesby to the firm.  Josh I. CorriveauAssociate Direct: 407.309.4754 Email: jcorriveau@boydjen.com Josh I. Corriveau is an Associate Attorney in Boyd & Jenerette’s Orlando office, focusing his practice in the areas of commercial and civil litigation. Specifically, he focuses his practice on business litigation, construction law, general liability, and general litigation. Mr. Corriveau represents business owners, general contractors, subcontractors, developers, design professionals, and individuals.  Mr. Corriveau grew up in New Hampshire and by way […]

On behalf of the Florida Defense Lawyers Association, Kansas Gooden and Kevin Franz filed an amicus brief in Baker v.Dottson-Pruett, Case No.  1D17-4048, in support of the Appellee insurance company.   Dottson-Pruett’s insurance company provided a rental car to him.  While operating the rental car, Dottson-Pruett was involved in an automobile accident with Baker.  In the tort suit, Baker sued the insurance company asserting that it was strictly liable under the dangerous instrumentality doctrine as the bailor of the vehicle.  The trial court entered summary judgment on behalf of the carrier […]

On April 18, 2018, incoming Florida Bar President Michelle Suskauer appointed Mark Eckels to serve on the Florida Bar’s Workers’ Compensation Board Certification Committee, for a term to begin July 1, 2018. Mr. Eckels became board certified in workers’ compensation by The Florida Bar in 2000. He previously served on the committee from 2007 to 2013, and served as its chair from 2012 to 2013. Mark K. EckelsShareholder / Practice Group Leader Direct: 904.353.6244 Email: meckels@boydjen.com

It was previously reported that the Georgia Superior Court, sitting in its capacity as an appellate court, had affirmed an order of the Appellate Division of the State Board of Workers Compensation affirming an administrative law judge’s denial of a claim for benefits, finding in favor of the Employer/Carrier. Not satisfied with the Superior Court’s decision, the claimant petitioned for a discretionary appeal of the Superior Court’s decision with the Georgia Court of Appeals.  Upon the submission of briefs, the Georgia Court of Appeals denied the claimant’s petition.  Thus, the administrative […]

In a recent case, Stark v. Alan Slootsky, the JCC denied the Employer/Carrier’s Motion to Tax Costs for a number of reasons. As a procedural background, by way of a compensation order dated November 3, 2014, both the Employer/Carrier and Employee prevailed on certain issues and defenses presented. The parties reserved as to fees and costs. On July 27, 2017, after the Claimant filed a Verified Petition for Attorney’s Fees and Costs and the Employer/Carrier filed a Verified Response to same, the parties stipulated to attorney’s fees and costs due […]

In Philip Morris USA Inc. v. Brown, 1D15-2337 (Fla. 1st DCA April 18, 2018), the First District Court of Appeal recently resolved an appeal where the jury – after much deliberation – was instructed to stop deliberating and issue a partial verdict.  While the verdict was affirmed without a written opinion by a Per Curiam Affirmance (“PCA”), a lengthy dissent was written, which provides guidance to practitioners on how to handle a situation where the jury claims it is deadlocked.  Brown sought damages from Phillip Morris USA, Inc. for the […]

Boyd & Jenerette is pleased to welcome Attorney, Said “Sammy” Farhat. He joins the firm’s Jacksonville office as an Associate. He devotes his practice to civil litigation with an emphasis on the defense of cases involving first party, breach of contract, as well as bad faith and coverage issues. Sammy was officially sworn in on Thursday, April 19, 2018, by 4th Judicial Circuit Judge John I. Guy at the Duval County Courthouse, as shown in the image below.

Boyd & Jenerette Partners Randy Dow and Michael Childers recently obtained a court order vacating a safety violation assessed by the Mine Safety and Health Administration (“MSHA”) against a client of the firm.  Although Florida is not known for mining operations, MSHA governs phosphate mines and numerous production facilities, including cement factories.  Dow and Childers appealed the MSHA violation and ultimately conducted a two-day bench trial before a federal judge in Miami.  After several months of deliberation, the judge issued a 26-page opinion completely exonerating the firm’s client and vacating […]

The Second District Court of Appeal continued the recent trend of discouraging trial courts and counsel from nitpicking proposals for settlement to search for ambiguities in Bright House Networks, LLC v. Cassidy, et al., 43 Fla. L. Weekly D654a (Fla. 2d DCA Mar. 23, 2018).  Defendant Bright House served a proposal for settlement on one of the five Plaintiffs, Albert B. Cassidy.  After prevailing on summary judgment, the defense sought attorney’s fees for the unaccepted proposal.  The proposal at issue stated:  “4. Relevant Conditions:  Upon acceptance of this proposal, Offeree […]