Wednesday, December 7, 2011

3d DCA Watch -- Note to Parties: Try Reading the Law.



I have very vivid memories of visiting the USS Arizona memorial as a kid.

Although I mostly viewed Hawaii through a Brady Bunch lens, I was also a WWII buff even at an early age and could not wait to board the shuttle that took us across the blue water and above the encased remains of the sailors lost that terrible day.

The drips of oil percolating to the surface, combined with the solemn location and quiet power of the memorial service, was overwhelming and unforgettable.

For those interested in the legal wranglings associated with this tragedy, I highly recommend John Toland's masterful Infamy, inexplicably now out of print but still widely available through Amazon.

In other news, the 3d DCA had to advise counsel how to file and defend against a lawsuit.

Turns out you should look at pre-existing law for guidance:
We urge the parties to review the Fourth District’s decision in Florida Insurance Guaranty Ass’n v. Olympus Ass’n, 34 So. 3d 791 (Fla. 4th DCA 2010), which illustrates the proper procedure when an insurance company fails to pay an appraisal award, and explains that coverage issues are to be determined by the trial court.
So you don't just file first and research later?

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