Property Law

Insurance -- Homeowners -- Replacement cost insurance -- Replacement cost insurance includes overhead and profit where the insured is reasonably likely to need a general contractor for repairs -- Under applicable statute and policy provisions, insurer was not permitted to withhold payment of overhead and profit until insured actually incurred these costs.
AMADO TRINIDAD, Petitioner, vs. FLORIDA PENINSULA INSURANCE COMPANY, Respondent. Supreme Court of Florida.

Insurance -- Home health care -- Limited home health care policy is ambiguous -- Under reasonable interpretation of policy, the automatic benefit increase percentage provision of policy applies to per occurrence maximum benefit and lifetime maximum benefit amount as well as daily benefit amount -- Under Florida law, where the policy is ambiguous it must be construed against the insurer and in favor of coverage without resort to extrinsic evidence.
WASHINGTON NATIONAL INSURANCE CORPORATION, etc., Appellant, vs. SYDELLE RUDERMAN, etc., et al., Appellee. Supreme Court of Florida.

Mortgage foreclosure -- Dismissal -- Failure to prosecute -- Error to dismiss action for lack of prosecution where docket reflects that plaintiff made timely filing of record after notice was issued.
JP MORGAN HOME FINANCE, LLC, Appellant, vs. MARTHA VALENCIA, et al., Appellee. 3rd District.

Mortgage foreclosure -- Genuine issue of material fact regarding compliance with condition precedent contained in mortgage to provide pre-suit notice of acceleration precludes a final summary judgment of mortgage foreclosure.
DOMENIC LOMBARDO and NANCY ANZALONE, Appellants, v. HSBC BANK USA, NATIONAL ASSOCIATION, Appellee. 4th District.

Mortgage foreclosure -- Appeals -- Parties who were not named in action but sought unsuccessfully to intervene had no standing to appeal final judgment of foreclosure -- Appeal of order denying motion to intervene is untimely where parties did not file notice of appeal within thirty days of rendition of order, but waited until rendition of final judgment of foreclosure to file notice of appeal of order.
JOSE and MIGDALIA QUINONES, Appellants, vs. SOUTHEASTERN INVESTMENT GROUP CORP., etc., Appellee. 3rd District.

Mortgage foreclosure -- Standing -- Error to enter judgment of foreclosure where there was no admissible evidence that plaintiff held promissory note on date when lawsuit commenced -- Computer generated "Account Balance Report" and "consolidated notes log" printout were not admissible under business records exception to hearsay rule to establish that plaintiff had right to enforce note on date suit was commenced -- Witness called to lay necessary foundation for admitting records under business records exception did not testify that he knew who generated the records, and could not testify from personal knowledge that documents belonged to or were generated by initial mortgage lender -- Witness, who was neither a current nor former employee of initial lender, and otherwise lacked particular knowledge of lender's record-keeping procedures, was unable to substantiate when the records were made, whether the information they contain derived from a person with knowledge, whether initial lender regularly made such records, or whether records belonged to initial lender.
LEWIS B. HUNTER, JR., Appellant, v. AURORA LOAN SERVICES, LLC, UNKNOWN SPOUSE OF LEWIS B. HUNTER, JR., IF ANY; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES OR OTHER CLAIMANTS; SETTLER'S CREEK HOMEOWNERS ASSOCIATION, INC.; JOHN DOE AND JANE DOE AS UNKNOWN TENANTS IN POSSESSION, Appellees. 1st District.

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