Boyd & Jenerette is pleased to welcome Attorney, Patrick D Hinchey, to the Construction Department. Patrick is licensed to practice in both the State of Georgia and Florida and therefore we are now expanding our Construction Law Services to Georgia.
Boyd & Jenerette provides Construction Law Services for all aspects of your Project, including Contract Drafting/Review, Bid Protests, Liens/Bonds, Breach of Contract, Construction Defect, Insurance Coverage, Licensure Issues, and Delay.
We are honored to work with clients from various backgrounds, including Architects/Engineers, Associations, General Contractors, Developers, Subcontractors, Material Suppliers, and Owners.
Limitations of the “Beneficial Ownership” Exception
Christensen v. Bowen, 39 Fla. L. Weekly S214 (Fla. Apr. 10, 2014).
The Florida Supreme Court was asked to address the issue of whether a title co-owner may be vicariously liable under the dangerous instrumentality doctrine for the negligent use of a vehicle if he or she never intended to be an owner and had relinquished all access and control of such vehicle to the other co-owner at the time of the accident. In this case, a husband and wife had purchased a vehicle and the title was issued to them jointly as co-owners. The couple then divorced, and the ex-wife began to use the vehicle exclusively... The Florida Supreme Court affirmed, and held that in the absence of evidence showing that a joint titleholder only continued to hold title because of a conditional sales contract or a faulty, incomplete transfer, such titleholder is a true and beneficial owner as a matter of law, and thus remains vicariously liable under the dangerous instrumentality doctrine, regardless of whether he or she had relinquished control of the vehicle to the other titleholder.
Continue reading... Coverage update 5.15.14
Boyd & Jenerette Partner and Construction Practice Group Leader Elizabeth B. Howard was recently elected to her second two-year term on the Board of Governors for the Jacksonville Bar Association. Ms. Howard’s election continues her long-standing service to the legal community and the Jacksonville Bar Association.
Ms. Howard has served as an active member of the JBA since 2006 when she was elected to the Board of Governors for the YLS. Since that time, she has held multiple executive positions, including Treasurer, Secretary, and President-Elect, and President. She has also held other leadership roles in the Jacksonville Bar Association, including Chairperson of the Holiday Project in 2006.
The Jacksonville Bar Association plays an extremely important role in the legal community, as well as to the entire Jacksonville community. Serving on the Board of Governors, Elizabeth's goal is to continue to build on these aspects of The JBA, but to also work on making The JBA more user-friendly and encouraging all members to be actively involved.
Timeliness of Post-Trial Motions and Notices of Appeal:
Why Does it Matter?
In the recent case Osthene v. Geico Indem. Co., 4D12-3424 (Fla. 4th DCA 2014), the Insureds filed suit for uninsured motorist benefits and the matter proceeded to trial. The jury only awarded minimal past medical expenses. The Insureds moved for additur nineteen days after the jury’s verdict. Before the motion was heard, the trial court entered final judgment in the amount of the jury’s verdict.
Several months after the final judgment was entered, the trial court heard the Insureds’ motion and denied it as untimely. The Insureds appealed the order denying their motion for additur.
The Fourth District Court of Appeal dismissed the appeal for lack of jurisdiction. The Court explained that a motion for additur is the equivalent of a conditional motion for new trial and must be served within ten days of the verdict. Since the motion was untimely, it did not suspend rendition of the final judgment. Only timely filed post-trial motions suspend rendition of the final judgment. As a result, the Insureds missed the deadline to file an appeal.
From an appellate standpoint, it is imperative that parties serve all post-trial motions within the time limits set forth in the rules. If they do not, they not only risk waiving their appeal as to those motions, but also risk missing the deadline for filing an appeal altogether.
If you have any questions about the timing of post-trial motions, deadlines to file an appeal or suspension of rendition of the final judgment, please feel free to contact our appellate attorneys at any time.
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Boyd & Jenerette Shareholder Ben Samuels is presenting at the IARP Northeast Florida Disability Management Forum April 30, 2014 in Jacksonville, FL.
The Forum will take place from 8:00am-3:45pm at Brooks Rehabilition Hospital and provide 5 hours of CEU credits for CRC, RN, CCM, NCM and Adjusters.
Click here for registration information.
Four Boyd & Jenerette attorneys have been recognized by Jacksonville Magazine as part of the publication's annual feature on lawyers in Northeast Florida as determined by The Best Lawyers in America and The Florida Bar. The following attorneys are included in the April 2014 Jacksonville Magazine Best Lawyers listing:
- Mark K. Eckels, Workers’ Compensation Law - Employers
- Kristen M. Van der Linde, Insurance Law & Personal Injury Litigation - Defendants
These attorneys were selected by their peers for inclusion in The Best Lawyers in America 2014. Best Lawyers compiles lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.
The following attorneys are included in the April 2014 Jacksonville Magazine board certified attorneys listing:
- Kristen M. Van der Linde, Civil Trial
- Mark K. Eckels, Workers' Compensation
- Blake J. Hood, Workers' Compensation
- Elizabeth B. Howard, Construction Law
The Florida Bar board certification is the highest level of evaluation of competency and experience in one or more of 24 certification fields, as well as professionalism and ethics in practice. Presently, only about seven percent of eligible Florida Bar members are board certified.
What Must be Pled Where the Insured Refuses to Submit to a CME?
In State Farm Mut. Auto. Ins. Co. v. Curran, SC12-157 (Fla. 2014), the Florida Supreme Court recently held that if an insured refuses to submit to a Compulsory Medical Examination, or otherwise breaches the CME provision in a policy, the insured is still entitled to coverage unless the UM carrier pleads and proves actual prejudice.
In the UM context, a CME is a post-loss obligation of the insured. It is not a condition precedent to filing suit or triggering coverage. Thus, where the insured breaches the CME provision, the insured does not automatically forfeit insurance coverage.
Rather, where an insured fails to comply with the CME provision, the UM carrier must not only plead as an affirmative defense that the insured is not entitled to coverage as a result of the breach, but must also plead within that affirmative defense that it was prejudiced by the breach. The UM carrier then bears the burden of proving that prejudice. This is so regardless of the policy language.
From an appellate standpoint, it is imperative that carriers properly assert both aspects of this affirmative defense. If they do not, an appellate court may find that the issue is not preserved for appeal and that the carrier waived this defense.
If you have any questions about an insured’s breach of a CME provision and what a carrier must plead and prove, please feel free to contact us at any time.
Click here to view PDF
Boyd & Jenerette welcomes Associate, Jonathan M. Sang to the Firm. His practice focuses primarily on civil appeals, insurance coverage and bad faith/extra-contractual liability litigation. Prior to joining Boyd & Jenerette, Mr. Sang served as a law clerk for the Honorable Carole Y. Taylor at Florida’s Fourth District Court of Appeal.
Mr. Sang graduated magna cum laude from the University of Florida’s Levin College of Law in 2010. While in law school he had the opportunity to intern for the Office of the State attorney for the Eighth Judicial Circuit and for the Law Office of Lloyd L. Vipperman Jr. in Gainesville, FL.
Ms. Anderson will be presenting "Bad Faith Update - Emerging Issues & Current Laws" at the Jacksonville Claims Association's March Dinner Meeting at the Deer Creek Golf & Country Club.
Ms. Anderson's presentation will be available for 1hr of continuing education credit for adjusters.
For more information click here.