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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.

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