James R. Stewart, Jr. v. Universal Property & Casualty Insurance Company
The Second District reversed the judgment for the insurer and ordered a new trial. It held that the trial court abused its discretion in denying a mistrial after a sudden medical emergency kept the plaintiff from attending or testifying at his own trial. A concurring opinion would also have held that the homeowners policy's neglect exclusion, which covers an insured's conduct 'at and after the time of a loss,' cannot be based on the insured's inaction after an earlier, uncovered plumbing event.
Key facts
- Stewart sued his homeowners insurer, Universal, for breach of contract after it partially denied his 2019 water and sewage loss from a failed cast-iron plumbing system.
- The day after the jury was picked, Stewart, an elderly man who uses a wheelchair, fell leaving the courthouse, broke his tibia and ankle, and needed surgery.
- +2 more key facts with a free trial
Holdings
- A party has a near-sacrosanct right to be present and to testify at his own trial. Denying a mistrial when an unexpected medical emergency prevents the party from attending and testifying…
- +1 more holding with a free trial
Why it matters
Trial lawyers get a clear 2DCA ruling that, despite the Supreme Court's push for strict case management, a party's medical emergency mid-trial can require a mistrial. That is especially true when the absent party is a… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.