Appellate Court Affirmed the Jury Award

John Kehoe v. Christine Garemore, 38 Fla. L. Weekly D1043b, Case No. 5D12-1871 and Case No. 5D12-2445, issued on May 10, 2013: Lessee sought quantum meruit against property owner for compensation for improvements made, and owner counterclaimed for damages arising from defective construction. While overturning post judgment motions for attorney fees in favor of property…

Alternative Fee Recovery Clause

First Baptist Church of Cape Coral, Florida, Inc., v. Compass Construction, Inc., 38 Fla. L. Weekly S357a, Case No. SC11-1280, issued May 30, 2013: In a certified question involving a direct conflict between the lower court (2nd DCA) and Wolfe v. Nazaire, 758 So. 2d 730 (Fla. 4th DCA 2000), the Florida Supreme Court upheld…

The “Economic Loss Rule”

Central Park LV Condominium Association, Inc. v. Summit Constructors, Inc., et. al. , Case No. 2010-CA-015748-) (Orange County Circuit Court), Order entered on May 24, 2013: Plaintiff condominium association, on behalf of unit owners, sued contractor and subcontractors for negligent construction. Defendants filed affirmative defenses that the “economic loss rule” barred the negligent claim, which…

NIOSH Releases Nail gun Safety Publication

The National Institute for Occupational Safety and Health (NIOSH) has announced the release of a new publication, Straight Talk About Nail Gun Safety [DHHS (NIOSH) Publication No. 2013–149], which also is available in Spanish. Straight Talk About Nail Gun Safety uses a comic format to illustrate the potential risks of traumatic injury when using nail guns and how…

An Arbitration Clause

Ira Marcus v. Florida Bagels, LLC, Arsenal Holdings, LLC and Egg Ventures, LLC, 38 Fla. L. Weekly D896b, Case No. 4D12-2971, issued April 24, 2013:  Trial court’s order denying a non-signatory’s motion to compel arbitration was affirmed where the contracting parties had repudiated their contractual rights to arbitrate and elected instead to litigate. While discussing the…

Judgment Reversed and Remanded

Chrtistos N. Kritikow and Jupiter Holding Co, LLC v. John T. Andersen, et. al., 38 Fla. L. Weekly D931a, Case No. 4D11-2575, issued April 24, 2013: Contractor sued owner for damages caused by breach of contract, and to foreclose a construction lien. The jury awarded the damages for breach of contract, offset by delay damages…

New College Sues Contractors for Damages

Pilot Construction Services, Inc. v. Babe’s Plumbing, Inc., 38 Fla. L. Weekly D917a, Case No. 2D11-6009, filed April 24, 2013: New College sued contractor and plumbing subcontractor for damages from dormitory construction defects, but settled with subcontractor. Contractor cross-claimed against subcontractor for indemnification, and settled with New College. The trial court granted summary judgment in…

Appellate Court Affirms Trial Court’s Decision

East Coast Metal Decks, Inc., v. Boran Craig Barber Engel Construction Co., Inc., 38 Fla. L. Weekly D1061a, Case NO. 2D12-1013, issued May 15, 2013: While finding that contractual venue provisions are not binding on the court if there are compelling reasons not to enforce them, the appellate court affirmed the trial court’s denial of…

Supreme Court Answers a Question on Arbitration

Raymond James Financial Services, Inc., v. Barbara J. Phillips, etc., et. al., 38 Fla. L. Weekly S325a, Case No. SC11-2513, issued May 16, 2013: On a rephrased certified question from the Second District Court of Appeal, “Does Section 95.11, Florida Statutes, Apply to Arbitration,” the Supreme Court answered in the affirmative and quashed the lower…

City Ordinance Found to Conflict with State Statutes

City of Palm Bay v. Wells Fargo Bank, N.A., 38 Fla. L. Weekly S322a, Supreme Court of Florida Case No. SC11-514, issued on May 16, 2013: While the majority opinion acknowledges that a Florida municipality is given broad authority to enact ordinances under its home rule powers as set forth in Article VIII, Section 2(b),…

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