Kubicki Draper

Are you signed up for our KD Quarterly newsletter? Join our mailing list to stay up to date with the latest industry information, firm news, CE presentations, and more! Don't miss our Summer 2024 Edition out now! View it at: https://ow.ly/yALw50SL9JP #KDLaw #Florida #Alabama #Newsletter #LegalUpdates #Announcements #Appellate #Community

Under section 44.103(5), Fla. Stat. (2021), “An arbitration decision shall be final if a request for trial de novo is not filed within” 20 days as required by Fla. R. Civ. P. 1.820(h). Since 2006, when the Fourth District decided Nicholson-Kenny Cap. Mgmt., Inc. v. Steinberg, 932 So. 2d 321 (Fla. 4th DCA 2006), it has not required a party to file a motion for trial de novo as long as there is “some notice” of their intent to reject an arbitration award and demand a trial. In Lawnwood Med. Ctr., Inc. v. Rouse, No. 4D2022-2637 (Fla. 4th DCA July 3, 2024), the Fourth District (en banc) receded from Nicholson-Kenny, finding that it conflicted with the plain language of section 44.103(5) and rule 1.820(h). The Court also ruled that motions for trial de novo with mere scrivener’s errors should not be rejected and that relief from a missed deadline was still available under Fla. R. Civ. P. 1.540(b). The Court certified conflict with two Second District decisions applying Nicholson-Kenny and noted that its decision was consistent with the First District’s approach. Thus, in the Fourth and First Districts, strict compliance with section 44.103(5) and rule 1.820(h) is required, but in the Second DCA it is not. Considerations in application to our client's review of similarly situated scenarios include: - If the client is requesting trial de novo, a motion for trial de novo must be filed within twenty days in the First and Fourth District's jurisdiction or it will not be granted. - If the client misses the 20-day deadline, it may obtain relief by filing a motion for relief from judgment under rule 1.540(b). - If the opposing party files an untimely motion for trial de novo, it should be opposed in all jurisdictions. View the opinion at: https://ow.ly/eXVa50SJrFw #KDLaw #Florida #Alabama #LegalUpate

In Florida Insurance Guarantee Association v. Feijoo, 49 Fla. L. Weekly D801 (Fla. 3d DCA 2024), Caryn Bellus and Barbara Fox obtained a reversal of a summary judgment. Plaintiff amended the complaint to name FIGA after Windhaven Insurance Company was declared insolvent. After FIGA tendered full payment, Plaintiff sought summary judgment under its declaratory judgment claim for improper policy cancellation, but asserted, outside the pleading, that it was entitled to a declaration regarding the policy’s validity and effectiveness on the date of loss. The appellate court found the two claims to be substantially different and held summary judgment was improperly entered on a claim that was never pled.

We are proud to be recognized by the Daily Business Review and earn a spot on their coveted DBR 100 Rankings list. This honor reflects our commitment to diversity, as we are the only firm on the list led by a team composed of over 50% women. This achievement marks our ongoing journey toward a more impactful tomorrow. #DBR #diversity #women #equality #leadership #femaleempowerment #KDLaw #Florida #Alabama

KD Chief DEI Officer and Shareholder, Charles Watkins, presented, "Can We Prevent Human Bias From Becoming AI Bias?" as part of the ClaimsXchange Education On Location series. He presented with esteemed colleagues Maria Abate of Colodny Fass and Dwight Geddes of Metro Claims Management. The series provides industry professionals the opportunity to network and share discussions regarding the industry's top themes. #DEI #ClaimsXchange #diversity #inclusion #equality #industry #AI #artificialintelligence #education #professionaldevelopment #KDLaw #Florida #Alabama

CE opportunities continue online! We invite clients and other insurance professionals to join us for our upcoming complimentary webinar. For more information, e-mail us at [email protected] #KDLaw #Florida #Alabama #CE #CLE #Webinars

Join us in welcoming Jason Davis, Steffen LoCascio, and Matan Scheier to the Construction Practice Group! The Construction Practice Group at KD was developed because complex cases require specialized industry knowledge. The attorneys in our Construction Practice Group not only have the core knowledge and understanding of the intricacies of construction litigation, but they are also dedicated to staying informed of the latest trends and developments in all areas of construction. The Construction Practice Group is a collaborative effort among specialized individuals sharing ideas, technical and legal experiences. #KDLaw #FLorida #Alabama #Construction

Congratulations to Leeza Newman and Mark Young, Esq., JD, MBA, BS Civ. Eng., of our West Palm Beach office, on being appointed to the Palm Beach County Bar Association's Construction Law CLE Committee. The mission of this committee is to create a collaborative community for construction lawyers, provide educational opportunities through an annual CLE program, and promote awareness of the industry. To learn more about the Construction Law CLE Committee, visit: https://ow.ly/KnLP50SyjPN #KDLaw #Florida #Alabama #ConstructionLaw

It is with profound sadness that we announce the passing of our partner, colleague, and dear friend, Michael Sundance Walsh, on July 1, 2024. Mike was not only a remarkable attorney whose contributions, dedication, and spirit helped shape our journey and success, he was a cherished friend who had a smile for absolutely everyone. Mike was one of a kind, and for over 25 years at KD, where he started as an associate and ultimately became an equity partner, his commitment to excellence and unwavering advocacy for our clients earned him the respect and admiration of colleagues, judges, clients, and his very devoted team. But it was sense of humor, genuine kindness, and desire to befriend everyone, that set him apart. He was the life of the party, always ready with a joke, and had more friends than one could count. Mike was born in Worcester, Massachusetts, graduated from the University of Massachusetts in Amherst, and earned his Juris Doctorate Degree from St. Thomas University. He was a faithful and vociferous Celtics and Patriots fan, always ready to prove their prowess to anyone at any time. He had a soft spot for animals, and was a steadfast supporter of local shelters and the Humane Society. Mike enriched our lives in countless ways. As we mourn this tremendous loss, we also celebrate Mike’s life and legacy. We invite clients, colleagues, and friends to join us in honoring Mike’s memory. In these difficult times, our thoughts and prayers are with Mike's family. We extend our deepest condolences to them and ask that you keep them in your thoughts as well. Calling hours for Mike will be held on Saturday, July 13th from Noon until 3:00 p.m. at O’Connor Brothers Funeral Home, 592 Park Avenue. In lieu of flowers please make memorial contributions to the Worcester Animal Rescue League, 139 Holden Street, Worcester, MA 01606.

Thank you to everyone who attended and connected with us at FIFEC's Annual Conference. We hope you enjoyed our team's presentations and found them insightful. If you have any questions about the topics covered, please don't hesitate to reach out: [email protected]. We look forward to seeing you next year! #KDLaw #Florida #Alabama #FIFEC