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Blog Posts in 2020

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  • Florida Second DCA denies plaintiff’s request for property insurer’s claim file in dispute with insurer over denial of property damage claim, finds work product privilege applies due to prospect of litigation even though no litigation ever occurred on that claim
    Florida Second DCA denies plaintiff’s request for property insurer’s claim file in dispute with insurer over denial of property damage claim, finds work product privilege applies due to prospect of litigation even though no litigation ever occurred on that claim

    On February 7, 2020, in Progressive American Insurance Company v. Herzoff, No. 2D19-2342, the Florida Second DCA quashed ...

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  • Florida Fourth DCA rules that e-mail service requirements under Fla. R. Civ. P. 2.516 do not apply to service of a safe harbor notice and proposed motion for sanctions under Fla. Stat. § 57.105
    Florida Fourth DCA rules that e-mail service requirements under Fla. R. Civ. P. 2.516 do not apply to service of a safe harbor notice and proposed motion for sanctions under Fla. Stat. § 57.105

    On February 5, 2020, in Cohen v. H.E.C. Cleaning, LLC, No. 4D19-1070, the Florida Fourth DCA reversed a trial court ruling striking a motion ...

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  • Eleventh Circuit rules that Medicare Advantage Organization was not bound by claims-filing provision in Medicare Secondary Payor Act and was not subject to 3-year statute of limitations in lawsuit seeking reimbursement from at-fault driver’s insurance company for conditional payments made on behalf of insured
    Eleventh Circuit rules that Medicare Advantage Organization was not bound by claims-filing provision in Medicare Secondary Payor Act and was not subject to 3-year statute of limitations in lawsuit seeking reimbursement from at-fault driver’s insurance company for conditional payments made on behalf of insured

    On February 13, 2020, in MSPA Claims 1, LLC v. Kingsway Amigo Insurance Company, No. 18-14980, the Eleventh Circuit Court of Appeals reversed a district court ...

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  • Florida Second DCA rejects trial court’s application of federal Celotex summary judgment standard
    Florida Second DCA rejects trial court’s application of federal Celotex summary judgment standard

    On February 12, 2020, in Wendel v. Trustees of Meese Hospital, No. 2D18-3149, the Florida Second DCA reversed a summary judgment entered by the trial court ...

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  • Florida Third DCA rules that hotel guest who was not at hotel when tort was committed owed no duty of care to companion who remained at the hotel and was killed by third party
    Florida Third DCA rules that hotel guest who was not at hotel when tort was committed owed no duty of care to companion who remained at the hotel and was killed by third party

    On February 19, 2020, in The Waves of Hialeah, Inc. v. Machado, et al., No. 3D18-300, the Florida Third DCA affirmed the trial court’s directed verdict excluding the defendant’s ...

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  • Florida Fourth DCA rules that grocery store defendant in slip and fall case was entitled to summary judgment because there were no disputed factual issues about the store’s constructive knowledge of spill
    Florida Fourth DCA rules that grocery store defendant in slip and fall case was entitled to summary judgment because there were no disputed factual issues about the store’s constructive knowledge of spill

    On February 19, 2020, in Oliver v. Winn-Dixie Stores, Inc., No. 4D19-291, the Florida Fourth DCA affirmed a summary judgment entered by the trial court in favor of the grocery store defendant ...

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  • Florida Supreme Court approves changes to product liability jury instructions
    Florida Supreme Court approves changes to product liability jury instructions

    On February 27, 2020, in IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES—REPORT NO. 19-03, the Florida Supreme ...

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  • Florida Third DCA finds that defendant condominium building owner was jointly and severally liable with independent contractor for plaintiff’s personal injury damages in premises liability case
    Florida Third DCA finds that defendant condominium building owner was jointly and severally liable with independent contractor for plaintiff’s personal injury damages in premises liability case

    On February 26, 2020, in Walters v. Beach Club Villas Condominium, Inc., No. 3D17-0753, the Florida Third DCA reversed a trial court’s ruling ...

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  • Florida Third DCA rules that defendant asbestos manufacturer was entitled to introduce admissions from deceased party alleging asbestos exposure by non-party asbestos manufacturers
    Florida Third DCA rules that defendant asbestos manufacturer was entitled to introduce admissions from deceased party alleging asbestos exposure by non-party asbestos manufacturers

    On February 26, 2020, in Union Carbide Corporation v. Paul Font, etc., No. 3D18-1529, the Florida Third DCA reversed a final judgment and jury verdict ...

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  • Florida Third DCA rules that physical therapy services provided by a licensed massage therapist do not qualify for personal injury protection (PIP) insurance reimbursement
    Florida Third DCA rules that physical therapy services provided by a licensed massage therapist do not qualify for personal injury protection (PIP) insurance reimbursement

    On February 26, 2020, in Geico General Insurance Co. v. Beacon Healthcare Ctr. Inc. et al., No. 3D18-2030, the Florida Third DCA considered three consolidated ...

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  • Florida Third DCA reverses trial court’s summary judgment for defendant in slip and fall case, finds that trial court erred in rejecting affidavit from plaintiff’s witness containing new allegations that did not “baldly repudiate” affiant’s prior deposition testimony
    Florida Third DCA reverses trial court’s summary judgment for defendant in slip and fall case, finds that trial court erred in rejecting affidavit from plaintiff’s witness containing new allegations that did not “baldly repudiate” affiant’s prior deposition testimony

    On February 26, 2020, in Williams v. Ryta Food Corp, No. 3D19-0126, the Florida Third DCA reversed a summary judgment entered by the trial court in favor ...

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  • Florida Fourth DCA finds that tobacco company defendant’s use of the term “filter” in advertising its cigarettes was a deceptive statement because filters do nothing to make cigarettes healthier
    Florida Fourth DCA finds that tobacco company defendant’s use of the term “filter” in advertising its cigarettes was a deceptive statement because filters do nothing to make cigarettes healthier

    On February 26, 2020, in R.J. Reynolds Tobacco Company v. Burgess, No. 4D18-3014, the Florida Fourth DCA affirmed a $3 million judgment for the plaintiff, the surviving ...

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  • Florida Fourth DCA declines certiorari review of trial court order granting amendment of complaint to include punitive damages, noting lack of authority to conduct substantive certiorari review
    Florida Fourth DCA declines certiorari review of trial court order granting amendment of complaint to include punitive damages, noting lack of authority to conduct substantive certiorari review

    On January 8, 2020, in Sapp v. Olivares, No. 4D19-2190, the Florida Fourth DCA declined to exercise certiorari review ...

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  • Florida Third DCA rules that Florida’s statutory waiver of sovereign immunity for government agents who act in bad faith or in a wanton manner does not abrogate absolute immunity of public officials who make statements within the scope of their duties
    Florida Third DCA rules that Florida’s statutory waiver of sovereign immunity for government agents who act in bad faith or in a wanton manner does not abrogate absolute immunity of public officials who make statements within the scope of their duties

    On January 2, 2020, in Quintero v. Diaz, No. 3D18-2545, the Florida Third DCA affirmed a trial court ruling that the former mayor of Sweetwater, ...

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  • Eleventh Circuit rules that “but-for” test applies in determining whether employer’s firing of alleged whistleblower was a retaliatory act sanctionable under False Claims Act
    Eleventh Circuit rules that “but-for” test applies in determining whether employer’s firing of alleged whistleblower was a retaliatory act sanctionable under False Claims Act

    On January 3, 2020, in Nesbitt v. Candler County, Georgia, No. 18-14484, the Eleventh Circuit Court of Appeals affirmed a district court’s summary judgment ...

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  • Florida Second DCA holds that personal injury defendant was required to disclose information concerning the financial relationship between the defendant’s insurer, expert witnesses and the law firm defending them
    Florida Second DCA holds that personal injury defendant was required to disclose information concerning the financial relationship between the defendant’s insurer, expert witnesses and the law firm defending them

    On January 3, 2020, in Tortorella-Andrews v. Delvecchio, No. 2D19-844, the Florida Second DCA issued a per curiam denial of a writ for certiorari that had been filed by a defendant ...

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  • Florida Fifth DCA finds that defense counsel’s improper closing argument did not violate fundamental fairness standard of review for retrial
    Florida Fifth DCA finds that defense counsel’s improper closing argument did not violate fundamental fairness standard of review for retrial

    On January 31, 2020, in Orange County et al. v. Ferguson, No. 5D18-2405, the Florida Fifth DCA reversed a trial court order which had directed a verdict in favor of the plaintiff in a premises ...

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  • Florida First DCA rules that defendants in personal injury lawsuit were not estopped from claiming workers’ compensation immunity despite taking position in workers’ compensation proceeding that plaintiff’s claim was not covered by workers’ compensation
    Florida First DCA rules that defendants in personal injury lawsuit were not estopped from claiming workers’ compensation immunity despite taking position in workers’ compensation proceeding that plaintiff’s claim was not covered by workers’ compensation

    On January 22, 2020, in McNair v. Dorsey, et al, No. 1D18-698, the Florida First DCA ruled that the defendants in personal injury lawsuit were not estopped from claiming ...

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  • Florida Fourth DCA reverses trial court’s summary judgment for defendant in premises liability case, finds genuine issue of material fact in dispute as to whether owner knew or had reason to know the invitee was ill or injured and failed to seek medical assistance for him
    Florida Fourth DCA reverses trial court’s summary judgment for defendant in premises liability case, finds genuine issue of material fact in dispute as to whether owner knew or had reason to know the invitee was ill or injured and failed to seek medical assistance for him

    On January 15, 2020, in Bryan v. Galley Maid Marine Products, Inc., No. 4D18-3699, the Florida Fourth DCA reversed a summary judgment entered by the trial court ...

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  • Florida Second DCA rules that medical records company committed FUPTA violation in charging higher rates for records ordered by patient’s attorney rather than patient
    Florida Second DCA rules that medical records company committed FUPTA violation in charging higher rates for records ordered by patient’s attorney rather than patient

    On January 15, 2020, in Webber v. Bactes Imaging Solutions, Inc., No. 2D18-2964, the Florida Second DCA reversed a trial court’s summary judgment ...

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  • Florida Supreme Court amends Rule of Appellate Procedure 9.130 to expand the availability of appellate review of nonfinal orders denying sovereign immunity, denying immunity in civil rights claims arising under federal law, and denying immunity under section 768.28(9), Florida Statutes.
    Florida Supreme Court amends Rule of Appellate Procedure 9.130 to expand the availability of appellate review of nonfinal orders denying sovereign immunity, denying immunity in civil rights claims arising under federal law, and denying immunity under section 768.28(9), Florida Statutes.

    On January 23, 2020, in IN RE: AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE 9.130, the Florida Supreme Court amended Florida Rule of Appellate Procedure ...

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  • Florida Supreme Court authorizes amendments to standard civil jury instructions and model instructions
    Florida Supreme Court authorizes amendments to standard civil jury instructions and model instructions

    On January 23, 2020, in IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES— REPORT 2019-04, the Florida Supreme Court authorized ...

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  • Florida Third DCA reverses trial court dismissal of negligence case against auto repair shop, rejects trial court’s conclusion that plaintiff’s theory of the case relied on impermissible stacking of inferences
    Florida Third DCA reverses trial court dismissal of negligence case against auto repair shop, rejects trial court’s conclusion that plaintiff’s theory of the case relied on impermissible stacking of inferences

    On January 22, 2020, in Desvarieux v. Bridgestone Retail Operations, LLC, No. 3D17-2019, the Florida Third DCA reversed a summary judgment entered by the trial court in favor of the defendant auto repair ...

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