Fourth DCA Holds that Florida Statute Commencing Limitations Period for Property Insurance Suit at Date of Loss Does Not Apply Retroactively

Fourth DCA Holds that Florida Statute Commencing Limitations Period for Property Insurance Suit at Date of Loss Does Not Apply Retroactively Donovan v. Florida Peninsular Ins. Co., 39 Fla. L. Weekly D 1421 (Fla. 4th DCA 2014) The Fourth District Court of Appeal (“DCA”) recently held in favor of a homeowner in a case that posed...

Tipsy Coachman, Anticipatory Repudiation, and Adhering to Your Own Contractual Remedies: Fourth DCA Affirms Judgment for Prospective Home Buyers Despite Seller’s Assertion of Anticipatory Repudiation Defense

Shelby Homes at Millstone, Inc. v. Cullinane, 4D10-289 May 18, 2011 Four months prior to expiration of the contractual time period for completion of a home, the buyers’ counsel sent a letter to the seller’s counsel stating that the home buyers “may not be able to obtain financing under the same terms and conditions as originally...

Reverses Order Dismissing Suit Entered Following Hearing Noticed Only as Status Conference

Marcline v. Florida Insurance Guaranty Association, 4D09-4948 May 25, 2011 The Fourth DCA recently reversed a trial court order dismissing the appellants’ case with prejudice entered following a status conference. The appellants had filed a claim with the Florida Insurance Guaranty Association (“FIGA”) after their insurer became insolvent. The appellants eventually sued for breach of contract...