Friday, December 28, 2012

Hurricane Damages and Appraisal



First Protective Insurance Company v. Schneider Family Partnership, 37 Fla. L. Weekly D2631c, Case No. 2D11-3037, filed November 14, 2012. Affirmed that insurer was allowed to pursue its right to compel an appraisal where there was no denial of coverage, but the amount of hurricane damages was at issue and the parties had rejected mediation requested by the insurer. See: Section 627.7015(7), Florida Statutes. (from RPPTL Subcommittee).

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

Thursday, December 27, 2012

Fees in Administrative Proceedings


Town of Davie v. Santana, Pasko and Quinones, 37 Fla. L. Weekly D2389c, Case Nos. D11-5696, D11-5697 and D11-5698 (consolidated for briefing and opinion), filed October 12, 2012. After administrative proceedings had been dismissed by individual petitioners and cases closed with jurisdiction relinquished to Human Rights Commission, Respondent (City of Davie) filed motions for attorney's fees pursuant to s. 120.595(1)(b) [applicable where a non-prevailing party participated in the proceeding for an improper purpose].  Administrative Law Judge's denial of these motions for lack of jurisdiction was affirmed. (from RPPTL Subcommittee).
 
 
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602
 

Friday, December 21, 2012

Venue Provisions

Artuor Penaranda & Kenneth Carter v. James Mills and Yolanda Mills, 37 Fla. L. Weekly D2391b, Case No. 5D10-2598, filed October 12, 2012. Construction contract provided that the parties "consented" to venue in Duval County, based upon which trial court transferred the case from Seminole County to Duval County. REVERSED and REMANDED based on a finding that the contract provision was merely "permissive" and not mandatory.   (from RPPTL Subcommittee)

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

Wednesday, December 12, 2012

Lien Foreclosure and Owner Defenses


Bertha Sanchez and International Restaurant Corporation v. Soleil Builders, Inc., 37 Fla. L. Weekly D2345b, Case No. 5D12-2349, filed October 5, 2012. Partial summary judgment entered to foreclose contractor's lien was REVERSED and REMANDED to allow the trial court to consider the owner's affirmative defenses and counterclaims since the contractor had failed to disprove them or establish that they were insufficient. (from RPPTL subcommittee).



Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602
(813) 579-3278