BRIAN SHEEN, APPELLANT,

v.

SMITH BARNEY, INC., ERIC APPLEWHITE, ET AL., APPELLEES

Citator

Cited By

• Consol. Ins. Servs. v. Nakisha Freeman, 848 So. 2d 444 (Fla. 4th DCA 2003)
  …ent’s failure to secure that [*448] coverage forces the insured to fund its own defense and is, therefore, a legitimate component of damages. See Duncanson v. Serv. First, Inc., 157 So. 2d 696, 699 (Fla. 3rd DCA 1963); Bitz v. Ed Knox Clu & Assocs., 721 So. 2d 823, 824 (Fla. 3rd DCA 1998). Davis’ attorney’s fees are not a component of her damages here because she was not forced to incur those fees as a result of her agent’s failure to procure insurance coverage. She has no contractual agreement or statutory r…
• Vantran Indus., Inc. v. Ryder Truck Rental, Inc., 955 So. 2d 1118 (Fla. 1st DCA 2006)
  …of the trier of fact by electing to weigh the evidence or adjudging the credibility of the witnesses” when ruling on a motion for summary judgment) (citing Sierra v. Shevin, 767 So. 2d 524, 525 (Fla. 3d DCA 2000); Bitz v. Ed Knox CLU & Assoc., P.A., 721 So. 2d 823 (Fla. 3d DCA 1998)). Accordingly, we reverse the final summary judgment entered in favor of Appellees and remand for a new trial. AFFIRMED in part, REVERSED in part, and REMANDED. WOLF, PADOVANO and THOMAS, JJ., concur.…
• Deakter v. Augusto Menendez, Jr., 830 So. 2d 124 (Fla. 3d DCA 2002)
  …mine). The court may not encroach on the province of the trier of fact by electing to weigh the evidence or adjudging the credibility of the witnesses. See Sierra v. Shevin, 767 So. 2d 524, 525 (Fla. 3d DCA 2000); Bitz v. Ed Knox CLU & Assoc., P.A., 721 So. 2d 823 (Fla. 3d DCA 1998). The trial court erred in granting summary judgment as there are several genuine issues of material fact which defeat summary judgment. See Young v. Curgil, 358 So. 2d 58, 59 (Fla. 3d DCA 1978) (holding that a cause can be dismis…

Authorities Cited

• Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994)