MIAMI, FL
Admiralty and maritime Lawyer at MIAMI, FL
Practice Areas: Admiralty & Maritime, Personal Injury
OUTCOME: Quantum meruit awarded Claimant
No marine peril was proven. Therefore, the Court denied a salvage award. While there was an incomplete written form contract which claimant requested the owner to sign, the Court found an oral contract ... allowing “quantum meruit, for time and materials, based on its standard hourly rates plus a very small premium”. At 2855.
OUTCOME: Reversed
The cases relied on by the insurer to establish that insured refused to attend IME are distinguishable; in that the cited cases the insured either expressly refused to attend or failed to attend withou ... t explanation. It is undisputed here that insured's counsel requested that Fortune cancel the May 10, 1995, IME because the insured had finished treatment. Fortune did not respond to that letter until the date of the examination, and insured's counsel did not receive notification of insurer's refusal to cancel timely. Under these circumstances, there is no evidence of a refusal to submit to the examination. Instead, insured sought to cancel the IME, and insurer failed to respond timely to that request.
OUTCOME: Suit against yacht broker dismissed.
PER CURIAM. The appellants complain of alleged misrepresentation in the sale by a broker and its employee Navarro of a vessel owned by Benitez. On the appeals before us we (a) affirm the di ... smissal of the salesman Navarro as a party defendant, see Hotels of Key Largo, Inc. v. RHI Hotels, Inc., 694 So.2d 74 (Fla. 3d DCA 1997), review denied, 700 So.2d 685 (Fla.1997); Tevini v. Roscioli Yacht Sales, Inc., 597 So.2d 913 (Fla. 4th DCA 1992), review denied, 613 So.2d 9 (Fla.1993); Van D. Costas, Inc. v. Rosenberg, 432 So.2d 656, 659 (Fla. 2d DCA 1983)("[I]f the contracting party knows the identity of the principal for whom the agent purports to act, the principal is deemed to be disclosed."), but (b) reverse the awards of section 57.105, Florida Statutes (1997), attorney's fees assessed in favor of Washington International Insurance Company and Hartford Casualty Insurance Company, the sureties on bonds posted pursuant to the Yacht and Ship Brokers' Act, Chapter 326, Florida Statutes (1997), on the ground that, while incorrect, the claims against them were not so unsubstantial as to justify those fees. See Keyes Co. v. Friedes, 497 So.2d 916 (Fla. 3d DCA 1986); Fireman's Fund Ins. Cos. v. Rojas, 447 So.2d 1023 (Fla. 3d DCA 1984).
OUTCOME: Successful appointment of Grandmother
Court affirmed appointment of Grandmother of minor child whose mother died as a result of medical malpractice during childbirth.
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
