AGUILERA v. EQUITY ONE, LLC, 36 Fla. L. Weekly D833a (Fla. 3d DCA Apr. 20, 2011)

In this slip and fall case, the jury returned a zero verdict on a claim for loss of future earnings and for loss of consortium.  The appellate court reversed and granted a new trial because there was undisputed evidence of such damages, holding that “undisputed evidence presented on plaintiff’s loss of consortium claim was sufficient to require an award of at least nominal damages.”

AGUILERA v. EQUITY ONE, LLC, 36 Fla. L. Weekly D833a (Fla. 3d DCA Apr. 20, 2011)

SUFFOLK CONSTRUCTION CO., INC. vs. FIRST SEALORD SURETY, INC., ET AL. (Fla. 3d DCA Mar. 23, 2011)

In this construction dispute, a surety obtained an appellate reversal of a judgment in favor of a general contractor.  The appellate court awarded the surety appellate attorneys’ fees over the general contractor’s objection regarding entitlement.  The trial court determined the amount to be $277,195.69.  The general contractor appealed the fee award, again, on the issue of entitlement.  The appellate court affirmed based on the doctrine of law of the case, because “[a]bsent manifest injustice, th[e] Court is barred under the doctrine of law of the case by its prior ruling granting entitlement to attorney’s fees.”

SUFFOLK CONSTRUCTION CO., INC. vs. FIRST SEALORD SURETY, INC., ET AL. (Fla. 3d DCA Mar. 23, 2011)