Articles Posted in Lawsuit & Litigation

When it comes to personal injury cases in Florida, the choice of your law firm is a decision that should not be taken lightly. Your future well-being and financial stability may depend on it. Here are three compelling reasons why selecting the best law firm is paramount:

1. Expertise and Experience: The best law firms have a team of skilled personal injury attorneys with years of experience handling cases like yours. They possess in-depth knowledge of Florida’s complex personal injury laws, court procedures, and negotiation tactics. Their expertise allows them to build strong, compelling cases that can lead to fair and just compensation for your injuries.
2. Proven Track Record: A reputable law firm will have a track record of successful settlements and verdicts in personal injury cases. This demonstrates their ability to effectively represent their clients and obtain favorable outcomes. By choosing a firm with a history of success, you increase the likelihood of achieving a positive resolution for your claim.

On February 20, 2020, the Third District Court of Appeals reversed the grant of summary judgment in a Miami slip and fall case. In Williams v. Ryta Food Corp., 3^rd District Case No. 3D19-0126, the Third District reversed Judge Abby Cynamon’s ruling in the 11^th Circuit.

At the trial court level in Miami, Judge Cynamon struck a witness affidavit presented by the Plaintiff in opposition to a motion for summary judgment.  Judge Cynamon relied on a case commonly relied upon by Defendants to strike affidavits.  That case, Ellison v. Anderson, 74 So. 2d 680, 681 (Fla. 1954), contains a ruling from the Florida Supreme Court that “a party when met by a [m]otion for [s]ummary [j]udgment should not be permitted by his [or her] own affidavit, or by that of another to baldly repudiate his [or her] previous deposition so as to create a jury issue.”  Id.  And, because Judge Cynamon struck the affidavit, she found there to be no issues as to any material fact regarding actual or constructive notice.  Thus, because there was no evidence that the Defendant had actual or constructive knowledge of the purportedly dangerous condition, per Florida Statute 768.0755(1), Judge Cynamon granted Summary Judgment against the Plaintiff.

In the instant matter, the Third DCA noted that, while Ellison is the law, a “party may file a subsequent affidavit for the purpose of explaining testimony given at a prior deposition, provided the explanation is credible and not inconsistent with the previous sworn testimony”.  Ouellete v. Patel, 967 So. 2d 1078 (Fla. 2^nd DCA 2007).  In the instant case, the Third DCA noted that the original witness testimony regarding the substance was that it was clear and that the witness did not know its origin.  The subsequent affidavit described the puddle of water as “very long” and noted that there were “several track marks or footprints going in both directions”.  The Third DCA pointed out that this did not baldly repudiate the prior testimony.  Rather, there were only two prior areas of inquiry and the area that the new affidavit touched upon had not been previously asked or testified to.  They also pointed out that there was a video showing that the area of the alleged substance had not been looked at for about 20 minutes.  And, in a footnote, the Third DCA mentioned that “For good reason: the judicial landscape is littered with reversals of summary judgments where Ellison has been misapplied” Id.

Every year, more and more people are deciding to make the move to South Florida. The small strip of coastline positioned between a swamp and the Atlantic Ocean provides year-round summer weather and plenty of sunshine. With such a small area that millions of residents call home, space can be limited. When the demand is high and supply is limited, the prices go up. The South Florida housing market has been well known for being the most expensive in Florida overall.

Residents looking to buy property will generally have to pay a higher price tag in South Florida than they would in other parts of the state for a similar property. If we focus in on Miami and the surrounding areas, it is estimated that the median home value is around $335,000. With families or individuals looking for a home, but cannot afford the luxury of owning a home, their only option is to lease. According to reports, an estimated median for rent in Miami is around $1715 a month. The high costs are another factor, but if we combine this with the availability of space, people must find a home that is affordable and available. With most of the land in South Florida already developed, the only place to add housing is upward. That is why condominiums have become a huge factor in being able to house so many people in such a small space.

Since 2012, reports state there have been 20,000 condo units built or planned for building along the South Florida coast. Condominiums have become a staple for the surrounding areas and the availability provides an easier housing solution for individuals and small families. As attractive as they have become, deciding to live in a condominium comes with several factors. One cannot simply just rent a condo and move in. Individuals that decide to lease or purchase a condominium, must apply and be approved to live in the unit. This application and approval process comes with a fee that can differ depending on the association and property management group. This fee can encompass several services, such as background and credit screening, move in and move out charges or even a general management fee. This appears to be a normal process, but what if the fee that is being paid is not only high in price but also is against the law.

The Florida Condominium Act was invoked to protect tenants and consumers from being charged unfairly by property management companies and associations. The act was established in 1963 and has been updated several times since then, with the latest provision being in 1992. When establishing such an Act, the intentions are to keep protections in place and provide a fair marketplace for home buyers. The issue arises when an Act is established but is not enforced. This leads to price gouging and taking advantage of unsuspecting buyers.

To own property in the South Florida housing market is not for everyone, as the price tag and median costs are above many consumers’ budgets. That is why a majority of investments in South Florida property comes from foreign individuals or out of state residents. If a consumer is not a resident of Florida, the most advantageous property to own is a beautiful condominium. These luxurious condos are coveted by the local South Floridians as well, but just because you’re from South Florida, does not mean you receive any special treatment.

When a person or family would like to lease, purchase or transfer a condominium, they must pay a fee to cover the services rendered. The fee can be stated as the move in or out costs, background checks or even simple transfer fees. Most times these typical fees range anywhere from $150 to potentially $500. A key factor to understand is that the Florida Condominium Act mandates that this said fee has a cap of $100 per person. So, if this is the case, South Floridians are left wondering why associations get away with charging higher fees that are against the current law.