39 Fla. L. Weekly D780b Workers’ compensation — Temporary partial disability — Where employer had fired claimant, it was error to award claimant temporary partial disability without determining whether claimant had been discharged for misconduct — Termination for misconduct precludes an award of temporary partial disability benefits SOUTHEAST MILK/ZURICH NORTH AMERICA, Appellants, v. GUY W. […]
Archives for April 2014
Standard for determining whether Offer of Judgment / Proposal for Settlement was Made in Good Faith
39 Fla. L. Weekly D731a Attorney’s fees — Insurance — Homeowners — Proposal for settlement — Trial court used incorrect standard in determining whether insurer’s nominal proposal for settlement of insured’s claim for hurricane damage was made in good faith — Rule is that minimal offer can be made in good faith if evidence demonstrates […]
Appellate practice: Order determining entitlement, but not amount of attorney’s fees not appealable
39 Fla. L. Weekly D738b Dissolution of marriage — Attorney’s fees — Appeals — Order which addresses entitlement to fees but not the amount of fees is not ripe for appeal VALENTIN ALARCON, JR., Appellant, v. ALEXIS E. ALARCON, Appellee. 2nd District. Case No. 2D13-1476. Opinion filed April 9, 2014. Appeal from the Circuit Court […]
Supreme Court: Vicarious liability of a vehicle co-owner under dangerous instrumentality doctrine
39 Fla. L. Weekly S214a Wrongful death — Automobile accident — Vicarious liability — Dangerous instrumentality doctrine — Beneficial ownership exception — A person whose name is on the certificate of title of a vehicle as co-owner cannot avoid vicarious liability under the “beneficial ownership” or “naked legal title” exception to vicarious liability under the […]
Bad Faith: Proceed with Caution When a CRN Expires on a Weekend or Holiday
Bad Faith: Proceed with Caution When a CRN Expires on a Weekend or Holiday Allison G. Mawhinney, Esq. Litigants have 60 days to cure or respond to bad faith allegations that are lodged in a Civil Remedy Notice filed pursuant to Section 624.155, Fla. Stat. Often, the deadline expires on a Saturday, Sunday or legal […]