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State Courts -
Florida - February 11, 2009
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Citizens Prop. Ins. Corp. v. Cuban-Hebrew Congregation of Miami, Inc., No. 3D08-1325,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 11, 2009, Opinion Filed
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Overview: Trial court erred in requiring insurer to pay full amount of damage appraisal without subtracting a deductible and sums already paid on a loss; those issues were not submitted to the appraisers, who were charged only with determining amount of loss, and under Meade, subtraction of the deductible and sums paid from the appraisal was proper.
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Estate of Shefner v. Shefner-Holden, No. 3D07-1890,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 11, 2009, Opinion Filed
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Overview: Denial of motion of son and daughter of a decedent for attorney's fees and costs for defending Slayer Statute claim asserted by sisters was error because, as a result of the defense of the claim, the terms of the decedent's will were upheld, and, thus, under ? 733.106(3), Fla. Stat., the son and the daughter were entitled to reimbursement.
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