The Florida Law Weekly

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Florida Supreme Court and District Courts of Appeal opinions, with headnotes and subject matter indexes
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The Week In Review
Headnotes of editor-selected opinions
filed during the week of July 17 - July 21, 2017
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Cases of Interest

RECENT RELEASES - SUPREME COURT OF FLORIDA

TORTS--EQUITABLE SUBROGATION. In response to a question certified by the Fifth District Court of Appeal, the Florida Supreme Court held that a party that has had a judgment entered against it is not entitled to seek equitable subrogation from a subsequent tortfeasor when the judgment has not been fully satisfied. Where the judgment against the initial tortfeasor had not been fully satisfied, the tortfeasor and its insurer could not seek equitable subrogation from a medical provider whose alleged negligence exacerbated the injuries suffered by the plaintiff in the underlying personal action.
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INSURANCE--AUTOMOBILE LIABILITY--ATTORNEY'S FEES AND COSTS. A trial court properly awarded attorney's fees and costs against an insurer jointly and severally with the insured pursuant to a plaintiff's proposal for settlement. Where the policy index indicated that the insurer would make additional payments under liability coverages for legal expenses and court costs, a subsection of the Additional Payments provision of the policy stated that the insurer would cover all investigative and legal costs, and another subsection of the same provision provided that the insurer would pay all reasonable costs incurred by an insured at the insurer's request, the policy was ambiguous regarding whether attorneys' fees were included or excluded from coverage, and the ambiguity must be construed in favor of coverage.
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LEGISLATION--SPECIAL OR LOCAL LAWS--GRANTING OF PRIVILEGE TO PRIVATE CORPORATION. The Court held that a special law which provides for a county to reimburse hospitals in the county for the medical care of indigents does not violate the constitutional prohibition against a special law granting a privilege to a private corporation because the provision applies to all hospitals in the county, whether private or public.
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CRIMINAL LAW--SEARCH AND SEIZURE--GOOD FAITH EXCEPTION TO WARRANT REQUIREMENT. In finding that the good faith exception to the exclusionary rule was not applicable to the warrantless search of a cell phone, the Florida Supreme Court held that officers could not rely in good faith on a decision of the district court of appeal that was under review by the Court.
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