The most amazing thing about a case like this is to see just how detailed the questions of the judges are. These judges are legal superstars...you've got to keep in mind just how many thousands of cases they have when you put the detailed questions they ask in proper context. And then pay attention to just how deferential and respectful of all the parties these judges are. This argument shows the very highest expression of our full, open and free judicial system with dedicated judges showing the highest values of the judicial system.
For these reasons, we reverse the trial court’s “order of dismissal with prejudice as to defendant Cusano’s Italian Bakery,” and we remand the case for further proceedings. As noted, the insurance proceeds paid by Allstate shall be credited to Cusano’s following any subsequent verdict and judgment.
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Weidner Law Appeals Series
This oral argument video is on the case: 3DCA 11-1449 - Marisela Otaola vs Cusano's Italian Bakery et al
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