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...

Bresky Law Obtains Reversal of Order That Landlord Return “Advance Rent” Following Proper Termination of Tenant’s Lease

Bresky Law Obtains Reversal of Order That Landlord Return “Advance Rent” Following Proper Termination of Tenant’s Lease Bresky Law recently obtained reversal of a final judgment following trial, which ordered a landlord of residential property to return a large sum of rent to a former tenant. The evidence showed that the tenants had made one...

A Party’s Attorney is Legally Insufficient to Execute Sworn Affidavit Under Fla. Stat. §222.12 ; Affidavit Must be Executed by Party Who Sued

Caproc Third Ave., L.L.C. v. Donisi Ins. Inc., and Donosi, 4D09-4792 June 1, 2011 The Fourth District wrote to address the issue of who may properly deny facts set forth in a judgment debtor’s affidavit for exemption under section 222.12, Florida Statutes. Caproc Third Avenue, LLC (“Caproc”) obtained a final judgment against Charles Donisi. A writ...

Resolved in Favor of the Innocent Co-insured

The issue as to whether or not an insurance company can deny coverage to an innocent co-insured based on the failure of a spouse to attend an examination under oath (EUO) was resolved in favor of our client, the innocent co-insured. Our client’s home was burglarized by an unknown assailant. The client preformed all conditions...

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Many of us are taught at a young age to trust the men and women of the cloth; cloth in this case consisting of a white poly-cotton blend lab coat. In most cases, we trust our physicians with our lives and the lives of our loved ones. As patients, we listen and do as...