Archives for July 2015

40 Fla. L. Weekly D1687a Wrongful death — Nursing homes — Jury trial — Denial — Appeals — Certiorari — Order striking request for jury trial based on express waiver in nursing facility residency agreement is not reviewable by certiorari   TRICIA ANN WALTER, as Personal Representative of the Estate of Norine C. Walter, Petitioner, Read More »

25 Fla. L. Weekly Fed. C1372a Wrongful death — New trial — Inconsistent verdicts — Plaintiff who brought wrongful death action against cigarette manufacturer for her husband’s tobacco-related death did not preserve for appeal a claim that she is entitled to a new trial because zero damages verdict rendered by jury was the result of Read More »

40 Fla. L. Weekly D1788a Wrongful death — Workers’ compensation immunity — Intentional torts exception — Action by personal representative and estate of asphalt surveyor who was killed while working on Florida Turnpike against his employer, the general contractor on the project — Trial court properly entered summary judgment for defendant on basis of workers’ Read More »

40 Fla. L. Weekly D1732a Worker’s compensation — Attorney’s fees — Ruling of Judge of Compensation Claims, declining to approve a stipulation for a claimant’s attorney’s fee to be paid by the Employer/Carrier on grounds that the defense counsel and the carrier acquiesced to the structuring of a settlement so as to maximize unearned fees Read More »

40 Fla. L. Weekly D1724a Insurance — Commercial general liability — Coverage — Declaratory judgment — Appeals — Partial final judgment in declaratory judgment action which determined insurer’s duty to defend insured, but did not determine its duty of indemnification, is not a final appealable order or an appealable nonfinal order   FLORIDA FARM BUREAU Read More »