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Blog Posts in 2019

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  • Florida Third DCA finds that county building official who was subpoenaed for testimony as a non-retained expert in wrongful death lawsuit could not be compelled to testify
    Florida Third DCA finds that county building official who was subpoenaed for testimony as a non-retained expert in wrongful death lawsuit could not be compelled to testify

    On December 4, 2019, in Miami-Dade County v. Morejon, No. 3D19-1784, the Florida Third DCA quashed a trial court order which effectively compelled the testimony of a county official who had been subpoenaed ...

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  • Florida Supreme Court adopts new Rule of Civil Procedure 1.535 on remittitur and additur Florida Supreme Court adopts new Rule of Civil Procedure 1.535 on remittitur and additur
    Florida Supreme Court adopts new Rule of Civil Procedure 1.535 on remittitur and additur Florida Supreme Court adopts new Rule of Civil Procedure 1.535 on remittitur and additur

    On December 5, 2019, the Florida Supreme Court adopted new Rule of Civil Procedure 1.535 on remittitur and additur requiring trial courts ...

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  • County Court jurisdictional limit set to increase from $15,000 to $30,000 for cases filed on or after January 1, 2020
    County Court jurisdictional limit set to increase from $15,000 to $30,000 for cases filed on or after January 1, 2020

    Chapter 2019-58, Laws of Florida, increased the maximum dollar amount in controversy of cases under the jurisdiction ...

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  • Florida Second DCA reverses $15 million punitive damages judgment against Florida Power & Light Company in wrongful death case; finds insufficient evidence of willful and malicious conduct by “managing agent” of corporation
    Florida Second DCA reverses $15 million punitive damages judgment against Florida Power & Light Company in wrongful death case; finds insufficient evidence of willful and malicious conduct by “managing agent” of corporation

    On October 25, 2019, in Florida Power & Light Company v. Dominguez, No. 2D18-2363, the Florida Second DCA reversed a $15 million punitive damages judgment against Florida Power & Light Company in wrongful death case ...

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  • Florida Second DCA reverses $15 million punitive damages judgment against Florida Power & Light Company in wrongful death case; finds insufficient evidence of willful and malicious conduct by “managing agent” of corporation
    Florida Second DCA reverses $15 million punitive damages judgment against Florida Power & Light Company in wrongful death case; finds insufficient evidence of willful and malicious conduct by “managing agent” of corporation

    On October 25, 2019, in Florida Power & Light Company v. Dominguez, No. 2D18-2363, the Florida Second DCA reversed a $15 million punitive damages judgment against Florida Power & Light Company in wrongful death case ...

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  • Florida Second DCA rules that where motor vehicle insurance policy did not provide liability coverage for insured’s resident relative, there was no corresponding requirement to provide UM coverage for relative
    Florida Second DCA rules that where motor vehicle insurance policy did not provide liability coverage for insured’s resident relative, there was no corresponding requirement to provide UM coverage for relative

    On October 25, 2019, in Owners Insurance Company v. Allstate Fire and Casualty Insurance Company, et, al, No. 2D18-2309, the Florida Second DCA reversed ...

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  • Florida First DCA rules that liability release executed by plaintiffs in motor vehicle negligence was unenforceable because plaintiffs materially changed terms of defendant’s proposed release
    Florida First DCA rules that liability release executed by plaintiffs in motor vehicle negligence was unenforceable because plaintiffs materially changed terms of defendant’s proposed release

    On October 23, 2019, in Basner v. Bergdoll, No. 1D19-562, the Florida First DCA reversed a trial court’s summary judgment in favor of two defendants ...

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  • Florida First DCA rules the $80,000 verdict by jury for “nominal damages” was excessive in case involving no admissible evidence on compensatory damages
    Florida First DCA rules the $80,000 verdict by jury for “nominal damages” was excessive in case involving no admissible evidence on compensatory damages

    On October 24, 2019, in The Prestige Gallery, Inc. v. Napleton, No. 1S18-2318, the Florida First DCA reversed a final judgment and jury verdict in a slander case ...

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  • Florida First DCA rules in Engle-progeny tobacco case that trial court erred in refusing to give jury instruction requested by defense on conspiracy to commit fraudulent concealment count, requiring retrial of all counts because they were “inextricably intertwined”
    Florida First DCA rules in Engle-progeny tobacco case that trial court erred in refusing to give jury instruction requested by defense on conspiracy to commit fraudulent concealment count, requiring retrial of all counts because they were “inextricably intertwined”

    On October 24, 2019, in R.J. Reynolds Tobacco Company v. Prentice, No. 1D17-2104, the Florida First DCA reversed a jury verdict in favor ...

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  • Florida Third DCA rules that Google Maps photo of sidewalk at issue in slip-and-fall case was not admissible without supporting testimony regarding the date of the photo and equipment used
    Florida Third DCA rules that Google Maps photo of sidewalk at issue in slip-and-fall case was not admissible without supporting testimony regarding the date of the photo and equipment used

    On October 16, 2019, in City of Miami v. Kho, No. 3D18-2369, the Florida Third DCA reversed a trial court’s denial of a directed verdict to the defendant in a slip-and-fall case, finding ...

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  • Florida Third DCA holds in slip-and-fall case that defense counsel was entitled to inquire at trial about treating physician’s percentage of practice and income derived from referrals from the law firm representing the plaintiff
    Florida Third DCA holds in slip-and-fall case that defense counsel was entitled to inquire at trial about treating physician’s percentage of practice and income derived from referrals from the law firm representing the plaintiff

    On October 16, 2019, in Araujo v. Winn-Dixie Stores, Inc., Nos. 3D18-2475 and 3D18-204, the Florida Third DCA affirmed a final judgment of the trial court ...

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  • Florida Second DCA rules that doctor’s alleged failure to identify cancer on successive x-rays constituted discrete acts of negligence each subject to its own statute of limitations
    Florida Second DCA rules that doctor’s alleged failure to identify cancer on successive x-rays constituted discrete acts of negligence each subject to its own statute of limitations

    On October 18, 2019, in Santiago v. Rodriguez, No. 2D18-3114, the Florida Second DCA considered an appeal in which the plaintiffs, the two surviving children ...

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  • Florida Second DCA reverses trial court, finds that defendant in product liability case waived defense of lack of personal jurisdiction by not raising it in initial motion to dismiss
    Florida Second DCA reverses trial court, finds that defendant in product liability case waived defense of lack of personal jurisdiction by not raising it in initial motion to dismiss

    On October 16, 2019, in Gannon v. Cuckler, No. 2D17-4888, the Florida Second DCA reversed a trial court ruling that had granted the defendant’s motion ...

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  • Eleventh Circuit rules that deputy sheriff violated plaintiff’s Fourth Amendment rights by entering his home without a warrant to arrest him
    Eleventh Circuit rules that deputy sheriff violated plaintiff’s Fourth Amendment rights by entering his home without a warrant to arrest him

    On October 16, 2019, in Bailey v. Swindell, No. 18-13572, the Eleventh Circuit Court of Appeals reversed a district court ruling that had dismissed ...

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  • Eleventh Circuit rules that deputy sheriff violated plaintiff’s Fourth Amendment rights by entering his home without a warrant to arrest him
    Eleventh Circuit rules that deputy sheriff violated plaintiff’s Fourth Amendment rights by entering his home without a warrant to arrest him

    On October 16, 2019, in Bailey v. Swindell, No. 18-13572, the Eleventh Circuit Court of Appeals reversed a district court ruling that had dismissed ...

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  • Florida Fifth DCA rules that amount of plaintiff’s separate proposals for settlement to two defendants should not be aggregated in determining whether 125% threshold met for award of attorney’s fees under F.S. § 768.79
    Florida Fifth DCA rules that amount of plaintiff’s separate proposals for settlement to two defendants should not be aggregated in determining whether 125% threshold met for award of attorney’s fees under F.S. § 768.79

    On October 11, 2019, in Nunez v. Allen, No. 5D14-4386, the Florida Fifth DCA considered a case on remand from the Florida Supreme Court, ...

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  • Florida First DCA finds that ALJ erred in rejecting plaintiff’s requested Medicaid lien reduction
    Florida First DCA finds that ALJ erred in rejecting plaintiff’s requested Medicaid lien reduction

    On October 11, 2019, in Larrigui-Negron v. State of Florida, Agency for Health Care Administration, No. 1D18-1172, the Florida First DCA ruled that an Administrative Law Judge ...

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  • Eleventh Circuit Court of Appeals rules that  trial court did not abuse discretion in allowing testimony of plaintiff’s specific causation expert in medical device product liability case about effect of device that was allegedly undisclosed in Rule 26 expert report
    Eleventh Circuit Court of Appeals rules that trial court did not abuse discretion in allowing testimony of plaintiff’s specific causation expert in medical device product liability case about effect of device that was allegedly undisclosed in Rule 26 expert report

    On October 8, 2019, in Taylor v. Mentor Worldwide LLC, the Eleventh Circuit Court of Appeals affirmed a district court judgment for the plaintiff following a jury trial in a product liability ...

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  • Florida Fifth DCA affirms in part trial court order granting new trial after defense verdict denied plaintiff recovery of the past medical expenses for treatment of her injuries
    Florida Fifth DCA affirms in part trial court order granting new trial after defense verdict denied plaintiff recovery of the past medical expenses for treatment of her injuries

    On October 4, 2019, in Hummel v. Taft, No. 5D18-459, the Florida Fifth DCA affirmed in part and reversed in part an order by the trial court granting a plaintiff ...

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  • Florida Fourth DCA rules that in computing amount of a law firm’s charging lien which was based on work done by attorney who was not an equity partner, the amount of the lien should be determined on a quantum meruit basis
    Florida Fourth DCA rules that in computing amount of a law firm’s charging lien which was based on work done by attorney who was not an equity partner, the amount of the lien should be determined on a quantum meruit basis

    On October 2, 2019, in Parker Waichman LLO v. R.J. Reynolds Tobacco Company, No. 4D18-3239, the Florida Fourth DCA affirmed a trial court order which had based the computation of a law firm’s ...

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  • Florida Fourth DCA rules that expert testimony from accident reconstruction expert drawing inferences about intoxication based on driving behavior was inadmissible under Daubert standard
    Florida Fourth DCA rules that expert testimony from accident reconstruction expert drawing inferences about intoxication based on driving behavior was inadmissible under Daubert standard

    On October 2, 2019, in Mastec North America, Inc. v. Morakis, Np. 4D18-1321, the Florida Fourth DCA reversed a jury verdict in favor of the plaintiff in a motor vehicle negligence case ...

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  • Florida Second DCA rules that trial court erred in granting summary judgment to defendant prior to completion of discovery
    Florida Second DCA rules that trial court erred in granting summary judgment to defendant prior to completion of discovery

    On October 2, 2019, in Rodriguez v. Avatar Property & Casualty Insurance Company, No. 2D18-1007, the Florida Second DCA reversed a summary judgment ...

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  • Florida First DCA rules that slip and fall plaintiff’s amended complaint was not barred by statute of limitations; relation back doctrine applied because defendant had notice of plaintiff’s claims
    Florida First DCA rules that medical negligence allegation cannot form the basis of a claim of abuse claim under Florida’s Adult Protective Services Act and health care provider tortfeasor was not entitled to allocate fault with independent, subsequent tor

    On October 1, 2019, in Mitchell v. Applebee’s Services, Inc., No. 1D18-2555, the Florida First DCA reversed a trial court ruling dismissing ...

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  • Eleventh Circuit rules in qui tam False Claims Act case that a clinical judgment of terminal illness warranting hospice benefits under Medicare cannot be deemed false when there is only a reasonable disagreement between medical experts
    Eleventh Circuit rules in qui tam False Claims Act case that a clinical judgment of terminal illness warranting hospice benefits under Medicare cannot be deemed false when there is only a reasonable disagreement between medical experts

    On September 9, 2019, in United States v. Aseracare, Inc., et al., No. 16-13004, the Eleventh Circuit Court of Appeals reversed a summary judgment for the defendant hospice facility in a qui tam False Claim Act (FCA) litigated by the Department of Justice

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  • Florida Second DCA rules that alleged violation of Florida Accessibility Code was evidence of common law negligence by strip mall operator
    Florida Second DCA rules that alleged violation of Florida Accessibility Code was evidence of common law negligence by strip mall operator

    On September 13, 2019, in Krueger v. Quest Diagnostics, Inc., et al., No. 2D18-3823, the Florida Second DCA reversed a trial court’s directed verdict in favor of the defendant in a premises liability case. The plaintiff, who is elderly and disabled, was injured when he fell returning to his car’s handicapped parking space in the parking lot of a strip mall in which the defendant was a commercial tenant ...

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  • Florida Third DCA rules that jury was not bound by computation of plaintiff’s life expectancy stipulated to by the parties
    Florida Third DCA rules that jury was not bound by computation of plaintiff’s life expectancy stipulated to by the parties

    On July 12, 2019, in First Protective Insurance Co. v. Colucciello , No. 5D19-31, the Florida Fifth DCA reversed a trial court’s order denying an insurance company’s motion to compel an appraisal ...

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  • Florida Third DCA rules that defendant was required to disclose information about financial relationships between defense experts and defense counsel
    Florida Third DCA rules that defendant was required to disclose information about financial relationships between defense experts and defense counsel

    On September 11, 2019, in Angeles-Delgado v. Benitez, No. 3D19-1022, the Florida Third DCA denied the certiorari petition of the defendant in an motor vehicle negligence case who requested that the court quash a trial court order compelling discovery information about the financial and professional relationships between the defendant’s insurer, expert witnesses, and the law firm defending them ...

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  • Florida First DCA rules that medical negligence allegation cannot form the basis of a claim of abuse claim under Florida’s Adult Protective Services Act and health care provider tortfeasor was not entitled to allocate fault with independent, subsequent tor
    Florida First DCA rules that medical negligence allegation cannot form the basis of a claim of abuse claim under Florida’s Adult Protective Services Act and health care provider tortfeasor was not entitled to allocate fault with independent, subsequent tor

    On July 15, 2019, in Specialty Hospital-Gainesville, Inc. v. Barth, No. 1D18-511, the Florida First DCA reversed a judgment in favor of the plaintiff in case which was brought under both Florida’s ...

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  • Florida First DCA affirms directed verdict for plaintiff on issue of permanency in motor vehicle negligence case; finds that jury is not free to ignore undisputed expert evidence as to permanency
    Florida First DCA affirms directed verdict for plaintiff on issue of permanency in motor vehicle negligence case; finds that jury is not free to ignore undisputed expert evidence as to permanency

    On July 15, 2019, in Chappell v. Clark , No. 1S17-1806, the Florida First DCA affirmed a trial court ruling in a motor vehicle negligence case which granted the plaintiff’s motion for a directed ...

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  • Florida Fifth DCA rules that where homeowner’s insurance company did not “wholly deny” insured’s loss claim, issue had to be resolved by appraisal pursuant to the insurance contract rather than by court determination
    Florida Fifth DCA rules that where homeowner’s insurance company did not “wholly deny” insured’s loss claim, issue had to be resolved by appraisal pursuant to the insurance contract rather than by court determination

    On July 12, 2019, in First Protective Insurance Co. v. Colucciello , No. 5D19-31, the Florida Fifth DCA reversed a trial court’s order denying an insurance company’s motion to compel an appraisal ...

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  • Florida Fifth DCA reverses trial court, finds that summary judgment for the defendants in a motor vehicle negligence case was improper where eyewitness testimony conflicted with video evidence
    Florida Fifth DCA reverses trial court, finds that summary judgment for the defendants in a motor vehicle negligence case was improper where eyewitness testimony conflicted with video evidence

    On July 12, 2019, in Lopez v. Wilsonart , No. 5D18-2907, the Florida Fifth DCA reversed a trial court’s summary judgment for the defendants in a motor vehicle negligence case after concluding that ...

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  • Florida Fifth DCA reverses trial court, finds that summary judgment for defendant in civil case alleging violation of Florida Wiretap Statute was improper when relevant discovery had not yet been produced by defense
    Florida Fifth DCA reverses trial court, finds that summary judgment for defendant in civil case alleging violation of Florida Wiretap Statute was improper when relevant discovery had not yet been produced by defense

    On July 12, 2019, in Skydive Space Center v. Pohjolainen , No. 5D18-537, the Florida Fifth DCA reversed a trial court’s summary judgment in favor of the defendants in a civil suit alleging the ...

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  • Florida Fourth DCA rules that plaintiff’s counsel engaged in impermissible “trial by ambush” tactics in motor vehicle negligence case by waiting until trial to have plaintiff’s treating physician review MRI from previous accident
    Florida Fourth DCA rules that plaintiff’s counsel engaged in impermissible “trial by ambush” tactics in motor vehicle negligence case by waiting until trial to have plaintiff’s treating physician review MRI from previous accident

    On July 10, 2019, in Gurin Gold, LLC v. Dixon , No. 4D18-2156, the Florida Fourth DCA reversed a verdict for the plaintiff in a motor vehicle negligence and remanded for a new trial based on what the ...

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