OHIO CASUALTY INSURANCE COMPANY, APPELLANT,

v.

VINCENZA VERDE, A MINOR, AND LEONARD VERDE AND LAURA VERDE, INDIVIDUALLY AND AS PARENTS OF VINCENZA VERDE, A MINOR, APPELLEES

Citator

Cited By

• Jack J. Greenberg, M.D. v. Mount Sinai Med. Ctr. OF Greater Miami, Inc., 629 So. 2d 252 (Fla. 3d DCA 1993)
  …medies. A plaintiff will not be required to pursue and exhaust administrative remedies where they are not adequate. Southern Bell Tel. & Tel. Co. v. Mobile Am. Corp., 291 So. 2d 199, 201 (Fla.1974); Winter Springs Dev. Corp. v. Florida Power Corp., 402 So. 2d 1225,1228 (Fla. 5th DCA 1981). Here, plaintiffs sought money damages for Mt. Sinai’s alleged breach of contract. Since the remedy provided by the bylaws does not allow for money damages, the trial court acted improperly in dismissing both the breach of c…
• Hill TOP Developers v. Holiday Pines Serv. Corp., 478 So. 2d 368 (Fla. 2d DCA 1985)
  …utory standards); Cohee v. Crestridge Utilities Corp., 324 So. 2d 155 (Fla. 2d DCA 1975) (only court of law empowered to adjudicate whether utility breached contract by going to higher rates); Winter Springs Development Corp. v. Florida Power Corp., 402 So. 2d 1225 (Fla. 5th DCA 1981) (PSC has no jurisdiction to award money damages in action on contract). Florida Administrative Code Rule 25-10.-129, in effect at the time the agreement in controversy was made,1 provided that “disputes concerning the applicatio…

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• Hambley v. State, 459 So. 2d 408 (Fla. 1st DCA 1984)
  …We disagree with appellees that Hambley could have pursued his remedy for his economic loss in this tort action'through chapter 120, Florida’s Administrative Procedure Act. Compare Winter Springs Development Corporation v. Florida Power Corporation, 402 So. 2d 1225 (Fla. 5th DCA 1981). . We are not, by this, holding that Hambley has set forth sufficient facts to establish willful and malicious conduct on the part of Shields. That precise issue is not now before us. But cf. Rupp v. Bryant, 417 So. 2d at 669-67…

Authorities Cited

• United States Fid. & Guar. Co. v. Darden, 338 So. 2d 37 (Fla. 3d DCA 1976)