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Florida’s Fourth District Court of Appeal Rules Pre-Suit Notice under Chapter 558, Florida Statutes, is an “Action” for Purposes of the Statute of Repose

Posted in Legal Alerts by Jeffrey M. Paskert and Dara L. Dawson on Fri Sep 14, 2018

On September 12, 2018, Florida’s Fourth District Court of Appeal rendered its opinion in Gindel v. Centex Homes, et al., which will impact construction defect litigation, and particularly the application of the ten-year statute of repose to construction defect cases.  In Gindel, homeowners sought to recover damages from their homebuilder for alleged construction defects in their homes.  The homeowners closed on and took possession of their homes in March 2004.  In February 2014, they served on the builder pre-suit notices of defects pursuant to Chapter 558, Florida Statutes.  Several months later, in May 2014, the homeowners filed suit against the builder.   read more

Five Mills Paskert Divers Attorneys Listed in the 2019 Best Lawyers in America

Posted in Newsletter by Brett D. Divers, Adam C. King, E.A. "Seth" Mills, Jr., Jeffrey M. Paskert, Ty G. Thompson on Wed Aug 15, 2018

Five Mills Paskert Divers attorneys selected by their peers for inclusion in the 25th Edition of The Best Lawyers in America.  

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The Middle District of Florida addresses the definition of “property damage” under a commercial general liability policy.

Posted in Legal Alerts by Jeffery M. Paskert and Dara L. Dawson on Tue Apr 3, 2018

In Amerisure v. Auchter/Arch, Case No. 3:16-cv-407-J-39JRK (M.D. Fla. Mar. 27, 2018), the United States District Court for the Middle District of Florida arguably expanded the definition of “property damage” under a commercial general liability (“CGL”) policy, following a seeming trend in federal court decisions in Florida.

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Recent Florida Trial Court Decisions Confirm the Narrow Liability of Motor Vehicle Dealer Bond Sureties

Posted in Legal Alerts by Matthew G. Davis on Wed Feb 7, 2018

Florida trial courts affirm the statutory intent of motor vehicle dealer bonds, which is to provide a modest sum for consumers to recover when dealerships go out of business and default in their obligations.  read more