News & Events

Orlando attorneys, partner Rod Lundy and associate Tiffany Miles, recently won a motion for summary judgment in Hillsborough County for an automobile insurer in a declaration action, where the court found no duty to defend or indemnify an insured for a motor vehicle accident.  The insured operated a rented U-Haul when hitting a vehicle with 6 individuals, all claiming injury.  The carrier denied coverage, alleging the rented U-Haul was not covered under the insured’s policy.  The insured retained counsel after the six individuals in the opposing vehicle made injury claims.  Attorneys Lundy and Miles filed a declaratory judgment action, contending the rented U-Haul as a commercial vehicle was not a “covered” “insured” or “listed” auto under the policy, as it was a private passenger vehicle with “a cab separate from the cargo area;” they further contended the insured’s business use of the U-Haul fell within the policy’s “commercial enterprise” exclusion.  Several corporate and individual depositions preceded the carrier’s motion, which was opposed by the insured.  The motion for summary judgment was granted in full, and a final judgment was entered on behalf of the insurance company.

Robert Horwitz, a partner in the West Palm Beach/Hollywood office, obtained a defense verdict with a finding of no coverage. The Carrier had first found coverage during its claim investigation and paid the insured for repairs to his kitchen with the insured filing a supplemental claim for payment of tear out of his entire case iron; plumbing system and repairs to his entire home.

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. 

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.

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.