DAVID CHIVERTON, APPELLANT,
v.
REPUBLIC INDUSTRIES D/B/A SUNSHINE FORD, APPELLEES

Fla. 3d DCA | 2001-02-14
No. 3D00-1219
Before SCHWARTZ, C.J., and GERSTEN, and FLETCHER, JJ.
781 So. 2d 429 Florida District Court of Appeal, Third District (2001) Positive Treatment
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

David Chiverton appeals from a final order granting summary judgment in his negligence action. We reverse because the record reflects genuine issues of material fact concerning the issue of negligence. See Moore v. Morris, 475 So. 2d 666 (Fla.1985); Hitchcock v. F.S. Disposition, Inc., 704 So. 2d 1118 (Fla. 2d DCA 1998).

Reversed.


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  • Lexington Ins. Co. v. Ramdas and Chitra Bhandari, 807 So. 2d 727 (Fla. 3d DCA 2002)
    …; Allstate Ins. Co. v. Martinez, 790 So. 2d 1151 (Fla. 3d DCA 2001), review granted, No. SC01-1622, 805 So. 2d 804 (Fla. Jan. 15, 2002); Liberty Mut. Ins. Co. v. Alvarez, 785 So. 2d 700 (Fla. 3d DCA 2001)(holding that Aries Ins. Co. v. Hercas Corp., 781 So. 2d 429 (Fla. 3d DCA 2001), does not conflict with Independent Fire Ins. Co. v. Lugassy, 593 So. 2d 570 (Fla. 3d DCA 1992)), review denied, 800 So. 2d 612 (Fla.2001). On remand, the trial court shall award interest from the date of the appraisal award. Af…
  • Allstate Ins. Co. v. Martinez, 790 So. 2d 1151 (Fla. 3d DCA 2001)
    …ides that each party is to pay the appraiser it chooses and equally bear all other expenses, including that of the umpire. We therefore reverse the award of costs to Martinez and remand for recalculation of costs. See Aries Ins. Co. v. Hercas Corp., 781 So. 2d 429 (Fla. 3d DCA 2001). [*1153] Affirmed in part; reversed in part, and remanded for proceedings consistent herewith. . As late as September 22, 1999, the trial court continued to deny Martinez’ requests to compel appraisal as Martinez had not yet comp…
  • Allstate Ins. Co. v. Roberto and Maria Blanco, 791 So. 2d 515 (Fla. 3d DCA 2001)
    …ht. Thus, the Blancos were not entitled to prejudgment interest prior to receiving an appraisal award which determined their actual loss. See also Liberty Mutual Ins. Co. v. Alvarez, 785 So. 2d 700 (Fla. 3d DCA 2001); Aries Ins. Co. v. Hercas Carp., 781 So. 2d 429 (Fla. 3d DCA 2001)(stating that the insured was entitled to prejudgment interest from the date of the appraisal award as that was the date on which the damages were liquidated). Thus, prejudgment interest is awarded from the date of the appraisal a…

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