Fourth DCA Judge Cory Ciklin. Photo: Melanie Bell/ALM.Coral Gables Lawyer, Sanctioned for Bad Faith, Gets Reprieve Over Elusive Witness in Insurance Case
In a dispute with their insurance company, the plaintiffs claimed the only service address they could find for their fact witness was a Pembroke Pines UPS store mailbox, but defendant Prepared Insurance Co. alleged this was a deliberate attempt to stop the witness from being served.
June 13, 2019 at 11:59 AM
5 minute read
Coral Gables attorney Scot Strems averted sanctions in a contract dispute case as the Fourth District Court of Appeal ruled that he and two homeowner plaintiffs weren't to blame for an elusive witness who never appeared for a deposition.
In a dispute with their insurance company, the plaintiffs claimed the only service address they could find for their witness, a loss consultant, was a Pembroke Pines UPS store. But defendant Prepared Insurance Co. suggested the plaintiffs hadn't looked in earnest and alleged a deliberate attempt to stop the witness from being served.
The trial court had sided with Prepared Insurance Co., represented by Melinda S. Thornton and Scott A. Cole of Cole, Scott & Kissane in Miami and Hope C. Zelinger of Bressler, Amery & Ross in Fort Lauderdale. Broward Circuit Judge Michael L. Gates sanctioned the plaintiffs and the Strems Law Firm, striking their pleadings and hitting them with attorney fees for bad-faith litigation.
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