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Case Law alert - Estate litigation

R.J. Reynolds Tobacco Co. v. Prentice (Fla. App., 2019) R.J. Reynolds Tobacco Company (RJR) appeals from a final judgment entered in favor of Linda Prentice, as personal representative of the Estate of John C. Price (the Estate), on her wrongful death claim. RJR raises several grounds for reversal and the Estate raises several issues on cross-appeal. We write only to address RJR's argument that the trial court erred by denying RJR's request for a special jury instruction on conspiracy to commit fraudulent concealment. The trial court's refusal to give the special jury instruction on conspiracy to commit fraudulent concealment was an abuse of discretion because the proposed instruction was a

Case Law alert - Estate planning - Settlement Agreement - Motion to Adopt Settlement Agreement and R

Forest v. Estate of Kohl (Fla. App., 2019) The former wife appeals from the circuit court's order denying her "motion for entry of order adopting settlement agreement and release, to enjoin and for protective order." The motion sought to prevent further post-judgment collection actions against the former wife. The former wife argues that the circuit court erred in not construing the settlement agreement as a full resolution of the parties' disputes. We agree with the former wife, and reverse for entry of an order granting the motion and closing the case. **All full case law updates available on Fastcase

Case Law alert - Real property - Motion in Limine - Breach of contract claim

Vazquez v. Citizens Prop. Ins. Corp. (Fla. App., 2019) Glendys Vazquez appeals the trial court's order granting a motion in limine precluding evidence of matching costs and the Amended Final Judgment in favor of Citizens Property Insurance Corporation on her breach of insurance contract claim. Citizens cross-appeals the Amended Final Judgment in favor of Ms. Vazquez as to the court directing verdict on a count of declaratory action. We affirm the order on the motion in limine and the trial court's denial of reconsideration based on the trial court's adherence to the plain language of the policy and applicable statute in limiting the evidence. We reverse the trial court's entry of judgment on

Case Law alert - Real property - Assignment of Rights - venue for case

Structural Wrap, LLC v. Sec. First Ins. Co. (Fla. App., 2019) We affirm because the rights of Appellant Structural Wrap arise only by way of homeowner Jason Hickle's assignment of rights. Accordingly, Structural Wrap's rights and claims are wholly derivative of those that could have been asserted by Jason Hickle. See Homestead Land Grp., LLC v. City of Homestead, 165 So. 3d 62, 65 (Fla. 3d DCA 2015) (citing Farkus v. Fla. Land Sales & Dev. Co., 915 So. 2d 688, 689 (Fla. 5th DCA 2005) ("[A]n assignment gives the assignee no greater rights . . . than those held by the assignor."); Shreve Land Co. v. J & D Fin. Corp., 421 So. 2d 722, 724 (Fla. 3d DCA 1982) ("The law is well settled that an assi

Case Law alert - Real property - FCCPA & condominium assessments

Kelly v. Duggan (Fla. App., 2019) Edward Michael Kelly ("Kelly") challenges the dismissal of his complaint against Julie Duggan ("Duggan") for alleged violations of the Florida Consumer Collection Practices Act ("FCCPA") in an unpaid condominium assessment dispute. Kelly argues the trial court erred in dismissing the complaint for failure to state a cause of action because condominium assessments qualify as "consumer debts" under the FCCPA. We agree and reverse. **This and all caselaw alerts are available on Fastcase

Paws Laws - radio show - Pet Trusts

The month of September, we spoke about a niche area of law we added to Coastline Legal, animal law. Specifically, we discussed Pet Trusts where we can help our clients set up a plan for the future of their beloved animals. To hear more legal issues, listen the last Saturday of each month at 8am on WNZF 94.9FM. Send in any questions to #FHSPAWSLAWS or email Courtney directly at Courtney@coastline.legal

Paws Laws - radio show - Anti-tethering laws - Flagler

For the month of October, we spoke about a hot topic in Flagler, anti-tethering laws. There was a recent meeting with the Flagler Humane Society Director Amy Carotenuto fighting for strong anti-tethering laws. While an anti-tethering statute was approved, it was not as strong as requested. Listen here for Paws Laws special guest to discuss the new law and what our listeners can do to help. To hear more legal issues, listen the last Saturday of each month at 8am on WNZF 94.9FM. Send in any questions to #FHSPAWSLAWS or email Courtney directly at Courtney@coastline.legal

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