2021 Blog | Injury Lawyers in Daytona Beach

Florida Second DCA finds that personal injury plaintiff’s ex-attorney was entitled to fees calculated on quantum meruit basis rather than contingency fee contract July 12, 2021

On June 16, 2021, in Scherer v. Austin Roe Basquill, P.A., et al., No. 2D20-1116, the Florida Second DCA reversed a trial court ruling which had ordered a personal injury plaintiff to pay his former attorney’s charging lien based on the fees...

Eleventh Circuit Court of Appeals rules that defendant insurance company did not act in bad faith by including a waiver of subrogation provision in proposed release, finding that plaintiff could not rely on Florida Second DCA case which was decided after alleged bad faith occurred July 12, 2021

On June 1, 2021, in Eres v. Progressive American Insurance Company, No. 20-11006, the Eleventh Circuit Court of Appeals affirmed a district court ruling that the defendant insurance company had not acted in bad faith...

Florida First DCA affirms Daubert exclusion of expert causation testimony based on expert’s lack of experience with specific medical condition under review July 12, 2021

On June 3, 2021, in Huggins v. Siegel, No. 1D19-3987, the Florida First DCA ruled that a Daubert motion challenging proposed expert witness testimony was timely even though it was not filed until approximately 230 days...

Florida Third DCA quashes trial court order requiring party’s retained expert to disclose records of money received during the preceding three years from plaintiff’s law firm July 12, 2021

On June 23, 2021, in Hidalgo v. Citizens Property Insurance Corporation, No. 3D20-1811, a case involving an alleged insurance policy breach, the Florida Third DCA ruled that the plaintiff’s engineering expert witness was not required...

Eleventh Circuit of Appeals rejects federal prison inmate’s argument that “discretionary function” exception to Federal Tort Claim Act’s waiver of sovereign immunity should apply if state-law negligence claim also involves unconstitutional conduct July 12, 2021

On June 9, 2021, in Shivers v. United States of America, et al., No. 17-12493, the Eleventh Circuit Court of Appeals ruled that a federal prison inmate’s state-law negligence claim against prison officials under the Federal Tort Claims Act...

Florida Fourth DCA rules that rusting water pipe was an “act of nature” subject to exclusion from coverage under homeowner’s insurance policy July 12, 2021

On June 2, 2021, in Dodge v. People’s Trust Insurance Company, No. 4D20-1199, the Florida Fourth DCA ruled that a water damage exclusion in a homeowner’s insurance policy excluding coverage for water damage ...

Florida Third DCA rules that insured retained standing to sue insurance company for breach of homeowner’s insurance policy notwithstanding her prior transfer of property to LLC in which she had a 25% ownership interest July 12, 2021

On June 23, 2021, in Cole v. Citizens Property Insurance Corporation, etc., No. 3D19-1830, the Florida Third DCA reversed the trial court’s dismissal of the plaintiff’s complaint in a first-party insurance dispute involving...

Florida Fifth DCA rules that defendant insurance company did not waive coverage defense by initiating appraisal process in first-party homeowner’s insurance dispute July 12, 2021

On June 25, 2021, in Safepoint Insurance Company v. Hallet, No. 5D20-206, the Florida Fifth DCA reversed a summary judgment entered by the trial court in favor of the plaintiffs in a declaratory judgment action brought...

Florida Second DCA rules that payment made by UM insurer to settle a first-party bad faith claim was not subject to set-off from $30 million jury verdict against defendant in motor vehicle negligence case July 12, 2021

On June 11, 2021, in Ellison v. Willoughby, No. 2D19-1961, the Florida Second DCA affirmed a trial court ruling that the defendant in a motor vehicle negligence case was not entitled to a $3.99 million setoff from the $30 million jury verdict...

Florida enacts major increases to compensation payable by Birth-Related Neurological Injury Compensation Association (“NICA”) July 12, 2021

On June 21, 2021, Governor DeSantis signed Senate Bill 1786 into law, which makes major increases to the compensation and benefits payable to the families of Florida children who have suffered birth-related neurological injuries...

Florida Fifth DCA joins Eleventh Circuit, Third and Fourth DCAs in holding that PIP benefits are limited to $2,500 in the absence of an affirmative determination by a qualifying health care provider that the patient had an emergency medical condition July 12, 2021

On June 4, 2021, in Depositors Insurance Company v. Pasco-Pinellas Hillsborough Community Health System, No. 5D21-71, the Florida Fifth DCA ruled that the benefits payable under a personal injury protection (“PIP”)...

Florida Third DCA rules that PIP insurer was equitably estopped from claiming that medical provider’s late submission of charges precluded payment; Court finds that insurer’s notice to insured that it was denying coverage was the cause of the late submission July 12, 2021

On June 16, 2021, in United Automobile Insurance Company v. Chiropractic Clinics of South Florida, No. 3D21-111, the Florida Third DCA affirmed a final judgment in favor of a medical provider in a case involving a dispute between...

Florida Fourth DCA rules that medical provider had improperly “unbundled” billing codes to increase the amount billed to the insurance company July 12, 2021

On June 23, 2021, in Associates inFamily Practice of Broward, LLC v. Allstate Fire and Casualty Insurance Company, No. 4D21-173,a Personal Injury Protection (“PIP”) case, the Florida Fourth DCA affirmed a county court order in favor...

Florida Fourth DCA rules in PIP case that State Farm was entitled to discount payments to MRI provider for three MRIs performed on same day based on Medicare’s Multiple Procedure Payment Reduction July 12, 2021

On May 26, 2021, in State Farm v. Stand Up MRI of Boca Raton, P.A., No. 4D21-310, the Florida Fourth DCA reversed a county court’s summary judgment for the plaintiff medical provider in a Personal Injury Protection (PIP) insurance case...

Florida Fourth DCA rules that medical provider’s PIP lawsuit was premature because provider had failed to respond to insurer’s numerous Fla. Stat. § 627.736(6)(b) requests for “emergency medical condition” documentation July 12, 2021

On June 30, 2021, in Garrison Property & Casualty Insurance Company v. Aventura Orthopedicare Center, P.A., No. 4D21-379, the Florida Fourth DCA reversed a judgment for the medical provider in a case in which the medical provider...

Florida Second DCA rules that plaintiff’s acceptance of late periodic payments under settlement agreement with defendant did not constitute implicit revision of the agreement July 12, 2021

On May 26, 2021, in Mortellaro v. Caribe Health Center, Inc. et al., No. 2D19-4473, the Florida Second DCA ruled that the defendant in a premises liability lawsuit had materially breached the time limitations for the installment...

Florida First DCA affirms directed verdict for defendant hospital in slip and fall case, finding that plaintiff did not present sufficient evidence that a foreign substance was on the hallway floor where she fell July 12, 2021

On June 1, 2021, in Tallahassee Medical Center, v. Kemp, No. 1D19-2437, the Florida First DCA reversed the trial court’s denial of a defendant’s directed verdict motion in a slip and fall case, concluding that the plaintiff did not present ...

Eleventh Circuit grants FDA request to enjoin South Florida company from marketing stem cell treatment July 12, 2021

On June 2, 2021, in USA v. US Stem Cell Clinic, LLC, et al, No. 19-13276, the Eleventh Circuit Court of Appeals affirmed a SDFL district court summary judgment for the FDA enjoining the defendant company from offering a procedure...

Florida Second DCA rules that defendant insurance company in first-party bad faith action was not entitled to work product protection from production of case file, distinguishing discovery in bad faith action from discovery in underlying denial of benefits lawsuit July 12, 2021

On June 30, 2021, in American Home Assurance Company Inc. v. Sebo, No. 2D20-2202, the Florida Second DCA denied the certiorari petition of an insurance company defendant in a first-party bad faith action. The plaintiff had sued...

Florida Fourth DCA rules that hospital credentialing committee documents were immune from discovery under Fla. Stat. § 395.0193(8) regardless of their previous disclosure by hospital to third party outside credentialing committee July 12, 2021

On June 2, 2021, in South Broward Hospital District v. Feldbaum No. 4D20-1972, the Florida Fourth DCA quashed a trial court order which had required a hospital to produce allegedly privileged documents to a vascular surgeon ...

Florida Supreme Court holds that insurer has standing through its contractual subrogation provision to maintain a malpractice action against legal counsel hired to represent the insured where the insurer had a duty under the policy to defend the insured July 12, 2021

On June 3, 2021, in Arch Insurance Company v. Kubicki Draper, LLP, No. SC19-673, the Florida Supreme Court determined that an insurer has standing through its contractual subrogation provision to maintain a malpractice action against...

Florida Second DCA rules that trial court erred in dismissing professional negligence complaint alleging that plaintiff was third party beneficiary of estate planning performed by law firm for her grandmother July 12, 2021

On June 23, 2021, in Ellerson v. Moriarty, et al., No. 2D20-2563, a legal malpractice case, the Florida Second DCA reversed a trial court’s order dismissing the plaintiff’s case. The law firm defendant in the case had been retained...

Florida Third DCA reverses motor vehicle negligence verdict and remands for new trial, holding that trial court erred in allowing defense to introduce evidence not disclosed until three business days before trial July 12, 2021

On June 2, 2021, in Montero v. Corzo, No. 3D20-406, the Florida Third DCA reversed a trial verdict in a motor vehicle negligence case and remanded for a new trial. The plaintiff had appealed the verdict in his favor on the basis...

Florida Third DCA reverses summary judgment allowing judgment creditor to pierce corporate veil of judgment debtor July 12, 2021

On June 2, 2021, in Segal v. Forastero, Inc., No. 3d21-89, the Florida Third DCA addressed the issue of whether the judgment creditor in a supplemental proceeding in aid of execution was entitled to pierce the corporate veil...

Florida First DCA rules that trial court did not abuse discretion in denying mistrial in motor vehicle negligence case despite defense counsel’s reference to the plaintiff’s insurance July 12, 2021

On June 16, 2021, in Winters v. Harper, No. 1D19-1650, the Florida First DCA ruled in a motor vehicle negligence case that the trial court’s denial of the plaintiff’s mistrial motion after two references to insurance coverage occurred...

Florida Fifth DCA affirms trial c ourt’s denial of plaintiff’s motion for new trial in motor vehicle negligence case involving defense counsel’s submission of improper material under cover of a bulk exhibit July 12, 2021

On June 18, 2021, in Bowers v. Tillman, et al., No. 5D19-1757, the Florida Fifth DC affirmed a trial court’s ruling denying a plaintiff’s motion for a new trial. The plaintiff’s new trial motion was based on multiple alleged errors, including...

Florida Second DCA rules that whether Sarasota County had unwritten contract with private hospitals and thereby waived sovereign immunity from liability for reimbursement of the costs of indigent care is a jury question not subject to summary judgment July 12, 2021

On June 16, 2021, in Sarasota County Public Hospital District and Sarasota County v. Venice HMA, LLC, et al., No. 2D19-3745, the Florida Second DCAdenied the defendant County’s certiorari petition for relief from the trial court’s denial...

Florida Fourth DCA reverses judgment for plaintiff in tobacco litigation case and remands for new trial based on improper closing argument by plaintiff’s counsel likening defendant to Orwellian “Big Brother” July 12, 2021

On June 30, 2021, in R.J. Reynolds Tobacco Company, et al. v. Mahfuz, No. 4D19-2236, the Florida Fourth DCA reversed a judgment for the plaintiff in a tobacco litigation case, finding that statements made by the plaintiff’s attorney during...

Florida First DCA rules in Worker’s Compensation case that Employer/Servicing Agent forfeited right to select one-time change physician under Fla. Stat. § 440.13(2)(f)due to delay in following up with new doctor after initial selection July 12, 2021

On June 16, 2021, in St. Lucie Public Schools/Relation Insurance Services of Florida v. Alexander, No. 1D20-2266, the Florida First DCA affirmed a Judge of Compensation Claims (JCC) ruling that a Worker’s Compensation (WC) claimant...

Florida First DCA rules that worker’s compensation recipient was not entitled to reimbursement for cost of evaluation for medical marijuana prescription July 12, 2021

On June 30, 2021, in Jones v. Grace Healthcare, No. 1D19-1684, the Florida First DCA ruled that a worker’s compensation claimant was not entitled to reimbursement under Florida’s worker’s compensation laws for...

Eleventh Circuit rules that Florida’s wrongful death statute applies to maritime wrongful death case involving cruise ship company based in Florida since decedent’s home state of Wisconsin does not apply its wrongful death statute to deaths occurring outside of Wisconsin July 12, 2021

On June 21, 2021, in Goodloe v. Royal Caribbean Cruises, Ltd, No. 19-14324, the Eleventh Circuit Court of Appeals affirmed a district court ruling that Florida law governed the award of non-economic damages in a maritime case involving...

Eleventh Circuit Court of Appeals affirms dismissal of civil rights case against Deputy Fire Marshal accused of violating plaintiff nightclub owner’s Fourth Amendment rights by conducting warrantless fire inspection of nightclub June 1, 2021

On May 6, 2021, in Fuqua v. Tuner, et al. No. 19-13877, the Eleventh Circuit Court of Appeals affirmed a summary judgment for the defendant law enforcement officers and deputy fire marshal in a 42 U.S.C. § 1983 civil rights case in which the plaintiff...

Eleventh Circuit panel rules that it is bound by Circuit precedent to extend Eleventh Amendment immunity from civil liability to county sheriff for alleged sexual assault by deputy at county jail June 1, 2021

On May 7, 2021, in Andrews v. Biggers, et al. No. 20-11469, the Eleventh Circuit Court of Appeals affirmed a U.S. district court ruling that the defendant county sheriff in as 42 U.S.C. § 1983 civil rights case involving alleged sexual abuse by a deputy sheriff...

Eleventh Circuit rules that plaintiff waived objection to defendant’s tardy removal of medical negligence case to federal court by not raising the procedural issue within the statutory 30-day time limit June 1, 2021

On May 6, 2021, in Shipley v. Helping Hands Therapy, et al., No. 19-13812, the Eleventh Circuit Court of Appeals reversed a district court order which had remanded a medical negligence case back to state court...

Florida Second DCA rules that defendant waived objection to personal jurisdiction by not timely raising the issue earlier by motion or responsive pleading June 1, 2021

On May 12, 2021, in Century-National Insurance Company v. Frantz, No. 2D20-522, the Florida Second DCA reversed a trial court’s ruling in an insurance declaratory judgment action which denied the plaintiff insurance company’s motion for a final default judgment...

Eleventh Circuit Court of Appeals rules that Florida law, not maritime law, applies to determine the effect of plaintiff’s alleged breach of warranties in first-party maritime insurance case June 1, 2021

On May 6, 2021, in Travelers Property Casualty Insurance Company of America v. Ocean Reef Charters LLC, No. 19-13690, the Eleventh Circuit Court of Appeals reversed a U.S. district court summary judgment for the defendant insurance company in an action bought by its insured for the loss of a yacht...

Florida First DCA reverses trial court’s venue transfer, rules that car insurance policy provision requiring policy coverage disputes to be litigated “where the policy was issued”is ambiguous and must be construed against the insurer June 1, 2021

On May 4, 2021, in Robles v. United Automobile Insurance Company, No. 1D20-1335, the Florida First DCA reversed a trial court order transferring a motor vehicle first-party insurance declaratory judgment action from Escambia County, where the insured plaintiff lived, to Miami-Dade County, where the insurer has its headquarters...

Florida Second DCA reverses trial’s court’s directed verdict for defendant in premises liability case involving sickened restaurant customer, ruling that plaintiff’s medical expert did not engage in impermissible inference stacking June 1, 2021

On May 5, 2021, in Martinez v. Lobster Haven, LLC, No. 2D19-2399, the Florida Second DCA reversed a trial court’s order granting the defendant restaurant operator a directed verdict in a personal injury lawsuit filed a restaurant patron who became ill after a seafood dinner...

Florida Third DCA reverses directed verdict for defendant in motor vehicle negligence rear end collision case, finding jury could have reasonably inferred negligence despite evidence that defendant was unconscious at the time of the collision June 1, 2021

On May 5, 2021, in Hernandez v. Mishali, No. 3d19-1544, the Florida Third DCA reversed a directed verdict entered by a Circuit Judge for the defendant in a motor vehicle rear end collision negligence case. The Circuit Judge, who had not presided over the preceding trial which had returned a verdict for the plaintiff...

Florida Fourth DCA rules that at-fault driver’s Geico motor vehicle liability insurance policy did not cover accident involving vehicle owned by third party and made available for regular use by driver June 1, 2021

On May 12, 2021, in Geico Indemnity Company v. Walker, et al., No. 4D20-764, the Florida Fourth DCA reversed a trial court ruling in a motor vehicle negligence wrongful death case that Geico, the at-fault driver’s insurer, was liable for payment of its policy limits to the estate of a passenger who died in the single car accident...

Florida Third DCA reverses defense verdict in motor vehicle negligence case and remands for new trial because of trial court’s erroneous denial of plaintiff’s motion to strike prospective juror for cause June 1, 2021

On May 5, 2021, in Rivas v. Sandoval, No. 3D19-2402, the Florida Third DCA reversed a jury verdict for the defendant in motor vehicle negligence case and remanded the case for a new trial after concluding that the trial court erred in denying plaintiff counsel’s motion to strike a prospective juror for cause...

Florida Fourth DCA reverses county court’s venue transfer because of movant’s failure to verify motion or provide supporting affidavit June 1, 2021

On May 12, 2021, in Miracle Chiropractic & Rehab Center v. 21st Century Centennial Insurance Company, No. 4D21-616, the Florida Fourth DCA reversed a county court’s order transferring a lawsuit from Broward County to Polk County. The Fourth DCA concluded that the trial court had erred...

Florida Fourth DCA rules that trial court erred when it allowed the plaintiff to introduce evidence of the amount billed by medical providers instead of the discounted amount Medicare paid in full satisfaction of her expenses June 1, 2021

On May 19, 2021, in Gulfstream Park Racing Association, Inc. v. Volin, No. 4D19-3471, the Florida Fourth DCA reversed a personal injury judgment for the plaintiff in a premises liability negligence caseinvolving a slip and fall at Gulfstream Park in Hallandale Beach, Florida...

Florida Fifth DCA quashes trial court denying personal injury defendant discovery of discounts agreed upon when the plaintiff’s medical provider sold the plaintiff’s unpaid accounts to a factoring company June 1, 2021

On May 21, 2021, in Osceola County Board of County Commissioners v. Sand Lake Surgery Center, et al., No. 5D2-1267, the Florida Fifth DCA quashed a trial court order in a personal injury case which had denied the defendant discovery from the plaintiff’s health care provider of the amount of the original medical bills...

Florida Fourth DCA rules that Broward County Sheriff and detention personnel were not protected by sovereign immunity for “operational level” actions allegedly resulting in harm to Broward County Jail inmate June 1, 2021

On May 5, 2021, in Williams v. Tony et al., No. 4D20-1342, the Florida Fourth DCA reversed the trial court’s dismissal of the lawsuit of a plaintiff who claimed he was the victim of negligence and excessive force by Broward County Sheriff’s Office detention officers at the Broward County Jail...

Florida First DCA rules that premises liability plaintiff’s failure to properly identify “appropriate agency” in presuit notice under Fla. Stat. § 768.28(6) constituted valid basis for summary judgment and reverses trial court’s denial of defendants’ summary judgment motions June 1, 2021

On May 12, 2021, in City of Jacksonville, et al. v. Boman, No. 1D20-658. The Florida First DCA reversed a trial court order which had denied the defendants’ motion for summary judgment in a premises liability case filed by a plaintiff who injured herself by falling into a manhole...

Florida Fourth DCA rules that security company hired by Broward County qualified as “state agency of subdivision” subject to $200.000/$300,000 sovereign immunity cap on tort liability June 1, 2021

On May 12, 2021, in Lovelace v. G4S Secure Solutions (USA), Inc., No. 4D20-1434, the Florida Fourth DCA affirmed a trial court’s decision that a security company working as an independent contractor for Broward County was entitled to sovereign immunity in a premises liability case involving an accident...

Florida Fourth DCA rules that high school basketball game was “operational level event” entitling defendant school board to sovereign immunity from lawsuit by student injured in crowd June 1, 2021

On May 19, 2021 in School Board of Broward County v. McCall, No. 4D19-104, the Florida Fourth DCA ruled that the defendant School Board was not liable for injuries sustained by a student when he fell while running with a crowd of spectators following a high school basketball game...

Florida Fifth DCA rules that trial court’s award of attorney’s fees and costs to defendant under proposal for judgment statute, Fla. Stat. § 768.79, erroneously included expert witness fess for expert who did not testify at trial June 1, 2021

On May 14, 2021, in Pelecki v. Federates National Insurance Company, No. 5D19-3702, the Florida Fifth DCA issued a per curiam affirmance of a trial court’s award of fees and costs to the defendant in a first party homeowner’s insurance case in which the defendant had made a $5,000 pretrial proposal for settlement...

Florida First DCA rules that personal injury plaintiff waived his right to contest amount of Medicaid lien by failing to file DOAH petition by statutory deadline of 21 days from deposit of lien amount in an interest-bearing trust account for the benefit of AHCA June 1, 2021

On May 17, 2021, in Mathers v. Agency for Health Care Administration, No. 1D19-4407, the Florida First DCA affirmed a decision by an Administrative Law Judge (ALJ) dismissing as untimely the petition by a personal injury plaintiff challenging the amount of the Medicaid lien on his settlement...

Florida Second DCA rules that trial court erred in allowing insured under State Farm UM policy to benefit from policy stacking provisions when stacking was affirmatively rejected as part of policy renewal process June 1, 2021

On May 21, 2021, in State Farm Fire and Casualty Insurance Company v. Wilson, No. 2D19-4046, the Florida Second DCA reversed a trial court ruling that the insured under an uninsured motorist (UM) insurance policy was entitled to UM coverage for injuries sustained while riding a motorcycle not listed as a covered vehicle...

Florida Fourth DCA rules that PIP insurer was not entitled to reduce payments to health care provider by 2% based on Medicare schedule intended to apply only to Medicare payments June 1, 2021

On May 19, 2021, in Sunrise Chiropractic and Rehabilitation Center, Inc. v. Security National Insurance Company, No. 4D21-188, the Florida Fourth DCA ruled that the defendant insurer in a county court case filed by a medical provider for the recovery of Personal Injury Protection (PIP) benefits...

Eleventh Circuit Court of Appeals abandons long standing precedent which had barred the award of punitive damages in a prisoner’s civil rights action where no physical injury was shown May 10, 2021

On April 9, 2021, in Hoever v. Marks, et al., No. 17-10792, the Eleventh Circuit Court of Appeals abandoned long standing precedent within the Circuit which had barred the award of punitive damages in a prisoner’s civil rights action where no physical injury was shown...

Eleventh Circuit Court of Appeals rules in civil rights case that officer’s “arguable probable cause” to believe that he could conduct a warrantless search of the plaintiff’s home under exigent circumstances exception to warrant requirement precluded summary judgment for plaintiff May 10, 2021

On April 6, 2021, in Hardigree v. Lofton et al., No. 190-13352, the Eleventh Circuit Court of Appeals reversed an unlawful entry summary judgment for the plaintiff in a civil rights case involving an allegedly unconstitutional warrantless search of the plaintiff’s home...

Eleventh Circuit Court of Appeals affirms summary judgment for defendant police officer in civil rights case alleging that the officer violated the plaintiff’s constitutional rights by seizing his cell phone at accident scene May 10, 2021

On April 20, 2021, in Crocker v. Deputy Sheriff Steven Eric Beatty, No. 18-14682, the Eleventh Circuit Court of Appeals affirmed a U.S. district court order granting summary judgment to the defendant law enforcement officer ...

Florida Supreme Court approves amendments to procedural rules requiring documents served but not filed with the court to be subject to same electronic service requirements as filed documents May 10, 2021

On April 8, 2021, the Florida Supreme Court approved proposed amendments to the Florida Rule of Civil Procedure 1.080, Florida Small Claims Rule 7.221, Florida Rules of Appellate Procedure ...

Florida Supreme Court approves amendment to medical malpractice presuit screening rule, Fla. R. Civil Procedure 1.650, to conform to Florida’s medical malpractice statute regarding presuit discovery methods May 10, 2021

On April 8, 2021, the Florida Supreme Court approved amendments to Florida Rule of Civil Procedure 1.650 (Medical Malpractice Presuit Screening Rule) to create consistency with the current version of section ...

Florida Third DCA finds “bald repudiation” doctrine inapplicable to alleged discrepancies between IME doctor’s summary judgment affidavit and deposition testimony in PIP lawsuit May 10, 2021

On April 14, 2021, in United Automobile Insurance Company, etc., v. Gables Rehab, Inc., etc., No. 3D21-91, the Florida Third DCA reversed a trial court order which had granted summary judgment in favor of a health care provider ...

Florida Fourth DCA affirms order granting plaintiff new trial in motor vehicle wrongful death case, finding that trial court improperly rejected plaintiff counsel’s race-neutral justification for exercise of peremptory strike of last African American in jury venire May 10, 2021

On April 14, 2021, in Lafayette, et al., v. Moody, et al., No. 4D18-3657, the Florida Fourth DCA affirmed a trial court granting a new trial to the plaintiff in a wrongful death/motor vehicle negligence lawsuit...

Florida Supreme Court further amends Florida’s summary judgment rule, Fla. R. Civ. P. 1.510, to mirror more lenient federal summary judgment standard May 10, 2021

As previously reported in this blog, on December 31, 2020, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.510, governing summary judgments in civil cases, by adopting the more lenient standard applicable in federal court...

Florida First DCA rules that motor vehicle negligence plaintiff waived argument that evidence at trial was insufficient to apportion comparative negligence by failing to make a timely motion for directed verdict at trial May 10, 2021

On April 30, 2021, in Strickland v. State Farm, No. 1D20-70, the Florida First DCA affirmed a trial court ruling denying the motion by the plaintiff for summary judgment on the issues of liability and comparative negligence ...

Florida First DCA rules that appellate attorney fees are recoverable under Florida’s Proposal for Settlement Statute, Fla. Stat. § 768.79, adhering to Florida Supreme Court precedent May 10, 2021

On April 26, 2021, in Seadler v. Marina Bay Resort Condominium Association, No. 1D19-850, the Florida First DCA followed the Florida Supreme Court precedent in Frosti v. Creel, 979 So. 2d 912, 917 (Fla. 2008) ...

Florida Third DCA rules that Florida’s “two-issue” rule precluded appellate review of trial court’s admission of expert testimony because jury’s general verdict could have been founded on theories of liability not addressed by expert testimony May 10, 2021

On April 28, 2021, in Royal Caribbean Cruises, Ltd., v. Spearman, No. 3D18-2188, the Florida Third DCA reversed a $20.3 million final judgment for the plaintiff in a personal injury cases filed by a cruise ship employee who suffered...

Florida Fourth DCA rules that plaintiff’s submission in support of motion to add punitive damages claim was insufficient, noting that no depositions, affidavits or documentary evidence were submitted with the motion May 10, 2021

On April 7, 2021, in White v. Boire, No. 2D20-2021, the Florida Second DCA granted the certiorari motion of a defendant in a pending civil action in which the trial court had granted the plaintiffs’ motion to amend their complaint ...

Florida Third DCA rules that commercial liability insurer’s policy language precluded coverage for damages arising from assault and battery that occurred on the insured’s premises May 10, 2021

On April 7, 2021, in Sierra Auto Center, Inc., et al, v. Granada Insurance Company, et al, No. 3D19-2388, the Florida Third DCA affirmed a trial court ruling in a declaratory judgment action that the defendant insurance company had no duty...

Florida Fourth DCA rules that in the absence of a physical injury, case alleging plaintiffs’ mental anguish caused by police officers’ negligent handling of a dead body was barred because the defendant police department was immune from liability forwillful or wanton conduct of its employees May 10, 2021

On April 7, 2021, in Sharkey, et al. v. Hallandale Beach Police Department, et al, No. 4D20-1602, the Florida Fourth DCA affirmed a trial court’s dismissal of an action for mental anguish based on allegedly negligent handling...

Florida Third DCA affirms dismissal of a defamation case against South Florida television station, finding that “substantial truth” doctrine shielded defendant from potential liability May 10, 2021

On April 14, 2021, in Readon v. WPLG, LLC, et al., No. 3D20-340, the Florida Third DCA affirmed the dismissal of a defamation lawsuit filed by a Miami area pastor against a local television station, WPLG...

Florida Third DCA reverses trial court ruling denying defense motion to dismiss medical negligence case for lack of personal jurisdiction, remands for trial court to follow proper procedure in resolving conflicting claims re application of Florida’ long arm statute May 10, 2021

On April 14, 2021, in Team Health Holdings Inc. v. Caceres, et al., No. 3D20-0942, the Florida Third DCA reversed a trial court’s ruling which had denied a medical negligence defendant’s motion to the dismiss the complaint ...

Eleventh Circuit Court of Appeals rules in medical device product liability case that plaintiff expert’s lack of experience performing robotic as opposed to conventional laparoscopic hysterectomies did not disqualify him from testifying about whether a robotic tool caused the plaintiff’s injuries May 10, 2021

On April 22, 2021, in Moore v. Intuitive Surgical, Inc., No. 19-10869, the Eleventh Circuit Court of Appeals reversed a summary judgment that had been entered by the district court for the defendant medical device manufacturer ...

Eleventh Circuit rules that Florida’s recreational use statute, Fla. Stat. § 375.251, applies to all visitors of qualifying recreation areas regardless of the visitor’s status, including business visitors May 10, 2021

On April 27, 2021, in Fisher v. United States, No. 19-13626, the Eleventh Circuit Court of Appeals affirmed a U.S. district court’s order dismissing a premises liability action involving a slip and fall accident at a public beach ...

Eleventh Circuit rules that Florida’s learned intermediary doctrine does not contain a “financial bias” exception covering situations where the doctor and the manufacturer have a financial relationship May 10, 2021

On April 29, 2021, in Salinero v. Johnson & Johnson, et al., No. 20-10900, the Eleventh Circuit Court of Appeals affirmed a summary judgment for the defendant surgical mesh manufacturer in a product liability...

Eleventh Circuit Court of Appeals affirms summary judgment for defendant police officer in civil rights case brought by widow of slain taxicab driver April 12, 2021

On March 5, 2021, in Prosper v. Martin, No. 19-12857, the Eleventh Circuit Court of Appeals affirmed a district court’s summary judgment for the defendant police officer on qualified immunity grounds...

Florida Second DCA rules that pre-1999 punitive damages statute applies to Engle-progeny wrongful death tobacco case, certifying conflict with Florida Fifth DCA April 12, 2021

On March 3, 2021, in R.J. Reynolds Tobacco Company v. Jones, No. 2D19-3537, the Florida Second DCA affirmed a judgment for the plaintiff in an Engle-progeny wrongful death action against the defendant tobacco company...

Florida Third DCA quashes non-party subpoena, finds that defendant Geico has standing to object on privilege grounds to disclosure by third-party company of data identified by contract as Geico’s proprietary confidential data not subject to disclosure to third persons April 12, 2021

On March 3, 2021, in Geico Casualty Company, et al, v. MSP Recovery Claims, et al., No. 3D20-1506, the Florida Third DCA granted a petition by Geico Casualty Company to quash a non-party subpoena that had been issued to another company...

Florida Fifth DCA rejects claim of judicial estoppel as grounds for denying defendant in motor vehicle negligence case discovery as to whether a prior settlement was reached with plaintiff April 12, 2021

On March 5, 2021, in Marrero v. Rea, No. 5D20-1612, the Florida Fifth DCA granted the certiorari petition of the defendant driver in a motor vehicle negligence case and quashed trial court orders which prohibited the parties from engaging in any discovery...

Florida Supreme Court issues new Administrative Order No. AOSC20-23 governing Covid-19 measures in Florida Trial Court April 12, 2021

On March 9, 2021, the Florida Supreme Court issued Administrative Order No. AOSC20-23, “Comprehensive Covid-19 Emergency Measures for Florida Trial Courts,” the latest pronouncement by the Florida Supreme Court on the evolving trial court procedures to address the Covid-19 epidemic...

Seventh Judicial Circuit Chief Judge announces that in-person jury trial may resume in Flagler, Putnam, St. Johns, and Volusia counties effective March 15, 2021 April 12, 2021

On March 9, 2021, Seventh Judicial Circuit Chief Judge Raul A. Zambrano announced that in-person jury trials in Flagler, Putnam, St. Johns, and Volusia counties may resume effective March 15, 2021...

Florida First DCA rules that defendants’ joint proposal for settlement was unenforceable by plaintiff since a material condition, the release of the defendants from further liability, had already been partly accomplished by one defendant’s acceptance of a proposal for settlement from the plaintiff April 12, 2021

On March 10, 2021, in Ketterling v. Morris, No. 1D20-37, the Florida First DCA reversed a trial court ruling and held that the defendant in a motor vehicle negligence case had not made an enforceable proposal for settlement to the plaintiff ...

Florida Fourth DCA reverses trial court order which had granted defamation defendant’s remittitur motion and reduced plaintiff’s judgment from $550,000 to $100,000 April 12, 2021

On March 10, 2021, in Fernalld v. ABB, Inc. et al, No. 4D19-3511, the Florida Fourth DCA reversed a trial court’s ruling that had granted a defendant’s motion for remittitur of the amount of the judgment against him in a defamation case. The jury had awarded the plaintiff $550,000...

Florida Fourth DCA rules in UIM motor vehicle negligence case in which plaintiff’s vehicle was allegedly struck in succession by two vehicles that trial court did not err in instructing jury that multiple impacts can constitute one “accident” under UIM policy if there is one proximate, uninterrupted and continuing cause of injury April 12, 2021

On March 10, 2021, in Belt v. USAA Casualty Insurance Company, No. 4D20-339, the Florida Fourth DCA affirmed a final judgment for the defendant in anuninsured motor vehicle negligence case, rejecting a claim by the plaintiff that the trial court erred in instructing the jury...

Florida Second DCA rules that defendant could not file valid proposal for settlement upon a plaintiff added in an amended complaint until 90 days elapsed from the time of the filing of the amended complaint April 12, 2021

On March 17, 2021, in Arizone, et al. v. Homeowners Choice Property & Casualty Insurance Company, Inc., No. 2D18-1116, the Florida Second DCA ruled that a defendant’s proposal for settlement against a plaintiff in a property insurance breach of contract case was invalid...

Florida Second DCA rules that trial court committed reversible error in denying plaintiff’s new trial motion by not expressly ruling on whether trial verdict was against the manifest weight of the evidence April 12, 2021

On March 17, 2021, in Lively v. Grandhige, et al., No. 2D19-1713, the Florida Second DCA reversed a trial court order denying a plaintiff’s motion for a new trial in a medical negligence case on the basis that the defense verdict was against the manifest weight of the evidence...

Florida Third DCA rules that trial court erred in not addressing defendant’s argument that medical negligence plaintiff failed to follow pre-suit requirements by not submitting expert medical affidavit April 12, 2021

On March 17, 2021, in Dial 4 Care, Inc., v. Brinson, et al., No. 3d20-1644, the Florida Third DCA granted a medical negligence defendant’s certiorari petition and quashed a trial court order dismissing the defendant’s motion to dismiss the complaint. The defendant maintained...

Florida First DCA rules that since Medicaid recipient died before settlement of personal injury case,amount of Medicaid lien cannot be challenged based on dispute about what part of an undifferentiated settlement is allocable to past medical expenses April 12, 2021

On March 26, 2021, in Cabrera v. State of Florida, Agency for Health Care Administration, No. 1D18-755, the Florida First DCAaffirmed an Administrative Law Judge‘s dismissal of a plaintiff’s petition challenging a Medicaid lien which had been applied against his personal injury settlement...

Florida First DCA affirms summary judgment for defendant in defamation case, finding plaintiff’s submission of unsworn and otherwise unauthenticated letter from third party did not constitute “summary judgment evidence” and was properly rejected by the trial court April 12, 2021

On March 24, 2021, in Garback, et al. v. Gayle, No. 1D20-988, the Florida First DCA affirmed a summary judgment for the defendant in a defamation case because the plaintiff failed to submit competent summary judgment evidence to counter the defendant’s affidavit in which he denied making the alleged defamatory statements...

Florida Second DCA rules that insurance company which did not provide liability coverage to its insured but provided courtesy representation at trial could not be joined as a codefendant in the final judgment April 12, 2021

On March 26, 2021, in Security National Insurance Co. v. Gonzalez, No. 2D18-3427, the Florida Second DCA considered a motor vehicle negligence case involving the application of § 727.4136, Florida States, Florida’s nonjoinder statute, which permits ...

Florida Second DCA rules that trial court erred in allowing psychotherapist to invoke the psychotherapist-patient privilege in a child custody hearing as to matters previously disclosed concerning the child’s treatment in a prior deposition and hearing April 12, 2021

On March 26, 2021, in S.H.Y v. P.G., No. 2D19-4646, the Florida Second DCAreversed a trial court ruling following a child custody hearing, finding that the trial court erred in allowing a psychotherapist to belatedly raise the psychotherapist-patient privilege...

Florida Third DCA affirms judgment for plaintiff in medical negligence case, finds no clear error in trial court’s denial of defense attempt to exercise peremptory strike of African American juror April 12, 2021

On March 24, 2021, in Hialeah Hospital, Inc. v. Hayes-Boursiquot, etc., No. 3D20-0050, the Florida Third DCA affirmed a jury verdict for the plaintiff in a medical negligence case, rejecting a defense argument that the trial court had committed reversible error...

Florida Third DCA quashes trial court order which had found that work product privilege as to defendant’s incident report was waived by defendant’s corporate representative’s use of report to refresh recollection in deposition, remands with direction to trial court to conduct in camera review of video deposition April 12, 2021

On March 24, 2021, in Onward Living Recovery Community, LLC et al, v. Mormeneo, etc., the Florida Third DCA granted a certiorari petition by the defendant in wrongful death case and quashed a trial court order finding no work product protection...

Florida Fourth DCA rules that wrongful death claim arising from mid-air collision of two planes insured under one policy was subject to a single $1 million insurance coverage limit April 12, 2021

On March 24, 2021, in Endurance Assurance Corp. v. Hodges, et al, No. 4D20-751, a wrongful death case involving a mid-air collision between two flight school airplanes, the Florida Fourth DCA ruled that the accident constituted one occurrence...

Florida Fourth DCA quashes trial court order requiring production of plaintiff’s mental health records April 12, 2021

On March 24, 2021, in Ern v. Springer, et al. No. 4D20-2107, the Florida Fourth DCA granted the certiorari petition of the plaintiff in a motor vehicle negligence case and quashed a trial court order requiring production of the plaintiff’s mental health records...

Eleventh Circuit Court of Appeals rules that district court properly exercised admiralty jurisdiction over medical negligence complaint involving care rendered on cruise ship because providing care and comfort to passengers is a traditional maritime activity April 12, 2021

On March 29, 2021, in Buland v. NCL (Bahamas) Ltd., No. 19-13012, the Eleventh Circuit Court of Appeals made several notable rulings and in an admiralty case involving a cruise ship passenger who allegedly was injured due to medical negligence by the cruise ship medical staff...

Florida Third DCA affirms dismissal of premises liability slip and fall lawsuit on the grounds of forum non conveniens, finding Jamaica is proper venue for accident occurring there even though defendant is a Florida corporation April 12, 2021

On March 31, 2021, in Fasang-Brown, et al. v. Visit Us, Inc., etc. No. 3D20-388, the Florida Third DCA decided a case presenting an example of the unusual circumstance in which a lawsuit against a defendant domiciled in the plaintiff’s chosen forum may nevertheless be dismissed...

Florida Fourth DCA partially reverses judgment for plaintiff in defamation case, finds that trial court erred in accepting the plaintiff’s unliquidated damages claim without conducting an evidentiary hearing April 12, 2021

On March 31, 2021, in Stamper v. Sahai, No. 4D19-3469, the Florida Fourth DCA partially reversed a judgment for the plaintiff in a defamation lawsuit filed by a surgeon against a former patient. After the defendant failed to respond to discovery...

Florida Fourth DCA rules that watercraft exclusion in homeowner’s policy precluded coverage for policy owner’s son while operating policy owner’s boat notwithstanding “severability” clause in policy April 12, 2021

On March 31, 2021, in Aiello v. ASI Preferred Corp. et al, No. 4D20-1078, the Florida Fourth DCA affirmed a summary judgment entered for the defendant homeowner insurance provider against its insured in a declaratory judgment action which had been filed by the insured...

Florida Fourth DCA affirms county court’s summary judgment for the defendant insurer in PIP case, finding that plaintiff waited too long to amend complaint April 12, 2021

On March 31, 2021, in Bronstein v. Allstate Insurance Company, No. 4D21-4, the Florida Fourth DCA affirmed a summary judgment in favor of the defendant PIP insurer. The sole issue initially raised in the case was whether Allstate had properly elected the payment limitations...

Eleventh Circuit rules that “ascertainability” of proposed class in class action lawsuit is not dependent on administrative feasibility of identifying class members March 12, 2021

On February 2, 2021, in Cherry, et al, v. Dometic Corporation, No. 19-13242, the Eleventh Circuit Court of Appeals reversed a U.S. district court’s dismissal of a class action lawsuit filed by the putative class representatives...

Eleventh Circuit concludes that plaintiff in proposed class action lawsuit on behalf of restaurant customers affected by customer information data breach did not have standing because no concrete injury has yet occurred March 12, 2021

On February 4, 2021, in Tsao v. Captiva MVP Restaurant Partners, LLC, No. 18-14959, the Eleventh Circuit Court of Appeals affirmed a district court order dismissing a proposed class action lawsuit brought by a customer ...

Florida Second DCA rejects motor vehicle negligence defendant’s attempt to discover trade secrets from third party medical provider March 12, 2021

On February 5, 2021, in Gulfcoast Spine institute, LLC, et al, v. Walker, et al, No. 2D19-4220, the Florida Second DCA granted a certiorari petition from a non-party medical provider in a motor vehicle negligence case ...

Florida Third DCA rules that defendant in civil sexual battery case has a valid Fifth Amendment right not turn over documents because of reasonable fear of future criminal prosecution March 12, 2021

On February 3, 2021, in Shimon v. R.B., No. 20-18188, the Florida Third DCA granted a defendant’s writ for certiorari and quashed an order in a civil sexual battery case requiring him to provide documents in discovery...

Florida Fifth DCA reverses summary judgment for defendant hospital in medical negligence case, finding jury issue regarding whether an independent contractor on-call surgeon was an apparent agent of the hospital March 12, 2021

On February 5, 2021, in Luebbert v. Adventist Health System/Sunbelt, Inc., et al, No. 5D19-2824, the Florida Fifth DCA reversed a trial court’s summary judgment in favor of the defendant hospital in a medical negligence case...

Florida Second DCA rejects certiorari petition from party seeking relief from production of allegedly privileged documents, finding that petition was premature because no privilege log had yet been produced to the trial court March 12, 2021

On February 10, 2021, in The Hertz Corporation et al, v. Sider, No. 2D20. The Florida Second DCA denied a certiorari petition by the plaintiff rental car company in a lawsuit against a former employee...

Florida Third DCA concludes that plaintiff attorney’s accusation in closing argument that defense counsel and expert witness were “liars’ and sexist comments about defense counsel constituted fundamental error requiring a new trial March 12, 2021

On February 10, 2021, in Florida Peninsula Insurance Company v. Nolasco, No. 3D19-1393, the Florida Third DCA reversed a trial court ruling denying the defendant insurance company a new trial...

Florida Fourth DCA reverses $10 million judgment for plaintiff in Engle-progeny tobacco case, finding that trial court erred in admitting decedent smoker’s hearsay statement that she had heard “from the advertising” that filtered cigarettes were safe March 12, 2021

On February 10. 2021, in R.J. Reynolds Tobacco Company v. Hamilton, No. 4D19-2699, the Florida Fourth DCA reversed a $10.6 million judgment for the plaintiff ...

Florida Fourth DCA rules that Florida law did not require that insurance company notify first named insured when another insured under same motor vehicle policy cancelled policy March 12, 2021

On February 10, 2021, in Spielberg v. Progressive Select Insurance Company, No. 4D19-3081, the Florida Fourth DCA affirmed a summary judgment for the defendant insurance company in a declaratory judgment case...

Florida Fifth DCA rules that trial court erred in allowing evidence of defendant’s intoxication in the compensatory damages phase of bifurcated motor vehicle negligence drunk driving case when the defendant had conceded pre-trial to liability for both compensatory and punitive damages March 12, 2021

On February 12, 2021, in McKinney, et al.v. Graham, No. 5D18-3265, the Florida Fifth DCA reversed a $2.6 million verdict in favor of the plaintiff in a motor vehicle negligence drunk driving case and remanded for a new trial...

Eleventh Circuit Court of Appeals reverses summary judgment entered by district court for defendant mortgage lender in quit tam False Claims Act case alleging military veterans were charged mortgage origination fees that were prohibited by VA regulations March 12, 2021

On February 17, 2021, in Bibby, et al.,v. Mortgage Investors Corporation, et al., No. 19-12736, the Eleventh Circuit Court of Appeals reversed a summary judgment in favor of the defendant mortgage lender ...

Florida Third DCA vacates trial court order which had set aside verdict for plaintiff in motor vehicle negligence case, finding that inconsistencies in plaintiff’s testimony did not rise to the level of fraud upon the court March 12, 2021

On February 17, 2021, in Salazar v. Gomes, No. 3D19-1448, the Florida Third DCA vacated an order from the trial court which had set aside a jury verdict for the plaintiff in a motor vehicle negligence case...

Florida Fourth DCA rules that statute of limitations began to run on filing of bad faith lawsuit against insurer when damages were fixed by the entry of the judgment based on a Coblentz agreement between the plaintiff and the insured March 12, 2021

On February 17, 2021, in Butler v. Florida Peninsula Insurance Company, No. 4D20-678, the Florida Fourth DCA reversed a summary judgment entered by the trial court in favor of the defendant insurance company...

Eleventh Circuit Court of Appeals rules that the alleged fondling of a federal inmate’s genitals by a prison guard did not constitute a “sexual act” cognizable under the Federal Tort Claims Act March 12, 2021

On February 26, 2021, in Johnson v. White, et al., No. 19-14436, the Eleventh Circuit Court of Appeals ruled that a federal inmate did not have a cognizable claim against the government under the Federal Tort Claims Act (FTCA) ...

Florida First DCA rules that “final judgment” under§ 768.24 of Florida’s Wrongful Death Act occurred at the termination of judicial labor at the trial level, affirming trial court ruling reducing recovery by statutory survivor who died during pendency of post-trial motions from $5 million to zero March 12, 2021

On February 26, 2021, in Hamblen v. Pilot Travel Centers, LLC, No. 1D19-1613, the Florida First DCA ruled as a matter of first impression that a “final judgment” ...

Florida Third DCA affirms summary judgment for defendant insurance company in PIP lawsuit, finding that the plaintiff’s pre-suit demand letter was statutorily deficient March 12, 2021

On February 24, 2021, in Rivera v. State Farm Mutual Automobile Insurance Company, No. 3D21-27, the Florida Third DCA affirmed a county court’s final judgment for the defendant insurance company in a PIP case...

Florida Third DCA reverses defense verdict in wrongful death case, finds that even assuming police detective’s testimony constituted expert testimony, trial court committed reversible error in allowing him to testify as to hearsay statement from another officer February 15, 2021

On January 27, 2021, in Dayes, etc., v. Werner Enterprises, Inc. et al., No. 3D19-1920, the Florida Third DCA reversed a defense judgment in a wrongful death case due to the trial court’s erroneous...

Florida First DCA affirms summary judgment for defendant based on plaintiff's failure to specifically plead defendant's vicarious liability in complaint February 15, 2021

On January 29, 2021, in Wilson v. Jacks, No, 1D20-461, the Florida First DCA affirmed a summary judgment order for the defendant in a negligence case involving a fire...

Florida Supreme Court rules in first-party breach of insurance contract case that plaintiff could not recover lost rental income that allegedly resulted from insurer’s refusal to timely pay hurricane damage repairs February 15, 2021

On January 21, 2021, in Citizens Property Insurance Corporation v. Manor House, LLC, et al., No. SC19-1394, the Florida Supreme Court ruled that extra-contractual consequential damages...

Eleventh Circuit rules that Emergency Medical Treatment and Active Labor Act is not a federal malpractice statute creating tort or malpractice remedies February 15, 2021

On January 22, 2021, in Smith v. Crisp Regional Hospital, Inc. et al, No. 19-12225, the Eleventh Circuit Court of Appeals affirmed a district court ruling that the Emergency Medical Treatment...

Eleventh Circuit Court of Appeals affirms $20.7 punitive damages award against Philip Morris, USA, Inc., in Engle-progeny tobacco case February 15, 2021

On January 19, 2021, in Cote v. Philip Morris USA, Inc., No. 19-14074, the Eleventh Circuit Court of Appeals ruled that a $20.7 million punitive damages award in an Engle-progeny tobacco case...

Eleventh Circuit affirms summary judgment for defendant in retaliatory relief lawsuit filed by defendant’s former employees under False Claims Act, finding that lawsuit could not be maintained since defendant had not actually filed any false claims with the government February 15, 2021

On January 19, 2021, in Hickman, et al. v. Spirit of Athens, Alabama, Inc., No. 19-10945, the Eleventh Circuit Court of Appeals affirmed the district court’s summary judgment...

Florida Third DCA rules that litigation privilege does not apply to condo assessment collection activity knowingly undertaken without legal authority February 15, 2021

On January 20, 2021, in Moise v. Ola Condominium Association, Inc. et al., No. 3D20-143, the Florida Third DCA addressed the issue whether Florida’s common law litigation privilege...

Florida Third DCA rules that trial court erred in ordering disclosure of work-product materials from insurance company’s claims file in first-party property insurance lawsuit February 15, 2021

On January 13, 2021, in Avatar Property & Casualty Insurance Company v. Mitchell, No. 3D20-1515, the Florida Third DCA granted certiorari relief in a first-party property insurance lawsuit...

Florida Second DCA reverses summary judgment for defendant general contractor in premises liability case, finding that defendant failed to conclusively establish that it should not have anticipated the harm to the plaintiff notwithstanding the plaintiff’s knowledge of the danger February 15, 2021

On January 15, 2021, in Pratus v. Marzucco’s Construction & Coatings, Inc., No. 2D19-2807, the Florida Second DCA reversed a summary judgment for the defendant in a premises liability case...

Florida First DCA reverses summary judgment for defendant school in premises liability case involving seven-year old student injured while running in indoor gym February 15, 2021

On January 11, 2021, in Collias v. Gateway Academy of Walton County, Inc., No. 1D19-262, the Florida First DCA reversed a summary judgment order that had been entered for the defendant...

Florida First DCA reverses summary judgment for defendant in premises liability case involving plaintiff allegedly injured by border fence February 15, 2021

On January 14, 2021, in Jubran v. South Lake Distribution Center, LLC, No. 1D20-238, the Florida First DCA issued a per curiam reversal of a summary judgment order that had been entered...

Florida Fourth DCA rules that release signed by student athlete releasing school board from liability for future sports injuries was enforceable even though athlete was a minor February 15, 2021

On January 6, 2021, in Elalouf v. School Board of Broward County, No. 4D19-3272, the Florida Fourth DCA ruled that a high school athlete was barred from suing the school board of Broward County...

Florida Third DCA rules that security company had no duty to protect hospital visitors because its contractual obligation was limited to the protection of hospital employees February 15, 2021

On January 6, 2021, in Glickman v. Kindred Hospitals East, LLC, et al., No. 3D19-1597, the Florida Third DCA affirmed a summary judgment entered by the trial court for the defendant security company...

Florida Second DCA rules that "clear and convincing evidence" standard does not apply to motion to add punitive damages claim February 15, 2021

On January 6, 2021, in Deaterly v. Jacobson, No. 2D20-636, the Florida Second DCA denied the certiorari petition of a defendant in a civil lawsuit who objected to a trial court order...

Florida Second DCA rules that trial court’s discovery order requiring defendant in motor vehicle negligence case to turn over ten years of medical records was overbroad February 15, 2021

On January 8, 2021, in Tanner, et al. v. Hart, No. 2D20-1470, the Florida Second DCA granted the certiorari petition of a defendant in a motor vehicle negligence case...

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