NELSON RODRIGUEZ, APPELLANT,
v.
FORTUNE INSURANCE COMPANY, APPELLEE
NELSON RODRIGUEZ, APPELLANT,
FORTUNE INSURANCE COMPANY, APPELLEE
537 So. 2d 619
Florida District Court of Appeal, Third District (1988)
Caution
Cited by 11 cases
Opinion of the Court
PER CURIAM.
The insured appeals a summary final judgment entered pursuant to the insurance company’s motion for summary judgment. We reverse and remand this action for a determination of the insured’s claim on the merits, as sufficient fact issues exist to preclude summary judgment.
REVERSED AND REMANDED.
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In re Standard Jury Instructions IN Civil Cases-Report NO. 09-01 (Reorganization of the Civil Jury Instructions). In re Standard Jury Instructions in Civil Cases-Report No. 09-02 (Greater Weight of the Evidence, 35 So. 3d 666 (Fla. 2010)…part from the question of its abuse, may be determined by the court if the evidence is undisputed. But if not, a threshold instruction as in 405.9b is necessary, followed by instructions 405.9c or 405.9d or both. See, e.g., Knepper v. Genstar Corp., 537 So. 2d 619 (Fla. 3d DCA 1988); Drennen v. Westinghouse Electrical Corp., 328 So. 2d 52 (Fla. 1st DCA 1976). Contrast Nodar, 462 So. 2d at 810. 7.Nominal and punitive damages. Nominal damages for “presumed” injury, as distinguished from a small actual injury,…1 / 4
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In re Standard Jury Instructions (Civil Cases 89-1), 575 So. 2d 194 (Fla. 1991)…a privilege, apart from the question of its abuse, may be determined by the court if the evidence is undisputed. But if not, a threshold charge as in MI 4.3b is necessary, followed by MI 4.3c or MI 4.3d or both. See, e.g., Knepper v. Genstar Corp., 537 So. 2d 619 (Fla. 3d DCA 1988); Drennen v. Westinghouse Elec. Corp., 328 So. 2d 52 (Fla. 1st DCA 1976). Contrast Nodar, 462 So. 2d at 810. 8. Damages generally, MI 4-4- The causation and injury issues stated in MI 4.5a through d are unchanged in the 1989 revis…
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Int'l Sec. Mgmt. Grp., Inc. v. Rolland, 271 So. 3d 33 (Fla. 3d DCA 2018)…speaker and listener, Florida courts have long recognized that such "[a] statement is qualifiedly privileged if made by one who has a duty or interest in the subject matter to one who has a corresponding duty or interest." Knepper v. Genstar Corp., 537 So. 2d 619, 622 (Fla. 3d DCA 1988) ; see also Lewis v. Evans, 406 So. 2d 489, 492 (Fla. 2d DCA 1981) ("In Florida, a statement made by one having an interest or duty in the subject matter thereof, to another person having a corresponding interest or duty there…
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