Emergency Banner

Denial of Plaintiff’s Motion for Summary Judgment Resulting in Voluntary Dismissal in First Party Action

Stephanie A. Seligman, of the Ft. Lauderdale office, was asked to litigate a case which was already in appraisal. Appraisal had taken almost a year because the original appraiser left his job and didn’t leave his estimate behind, requiring the carrier to start the process over. Plaintiff’s counsel filed a Complaint for breach of contract with no mention of appraisal and then filed a motion for summary judgment contending that the carrier took too long in appraisal which forced his clients to file suit and further, that the payment of the appraisal award was a confession of judgment, triggering the fee statute. Stephanie filed a strong responsive motion to plaintiff’s Motion for Summary Judgment. Following a hearing on the Motion, the judge denied Plaintiffs’ motion for summary judgment. Plaintiff’s counsel was left with no choice but to file a notice of voluntary dismissal 3 weeks later.

Share Now:

Subscribe to our Newsletter

Recent Posts

Motion for Summary Judgment Victory in National Supermarket Slip-and-Fall Case
Charles Kondla, of our Miami office, obtained a Final Summary Judgment in a premises liability action involving a national supermarket chain. The motion...
Congratulations to Our Newest ABOTA Members!
Congratulations to Jason Friedman, of our Ft. Lauderdale office, and David Drahos, of our West Palm Beach office, on becoming members of the American Board...
KD Sponsors the 37th Annual BCHBA Scholarship Awards & Installation Gala
KD was proud to sponsor the Broward County Hispanic Bar Association’s 37th Annual Scholarship Awards & Installation Gala, where Sha-Mekeyia Davis,...

Only PDF, JPG or GIF can be uploaded.

Search Results Will Show Here

Subscribe To Our Newsletter