25 Fla. L. Weekly Fed. D178a Insurance — Uninsured motorist — Bad faith — Amendment of complaint — Futility — Where there has been no determination of liability and extent of damages owed, bad faith claim would be premature, and plaintiff’s motion for leave to file Second Amended Complaint is denied insofar as it purports […]
Archives for July 2015
Judges — Disqualification – Fear of not receiving fair and impartial review of pending post-trial motions based on hostility between judge and one of plaintiff’s attorneys
40 Fla. L. Weekly D1636a Judges — Disqualification — Reasonably prudent person would be in fear of not receiving fair and impartial review of pending post-trial motions based on hostility between judge and one of plaintiff’s attorneys, who had questioned judge’s suitability for appointment to federal bench, where, as plaintiff and her trial counsel approached […]
Workers’ compensation — Request for one-time change of physician — Right of selection — Timeliness of employer/carrier’s response
40 Fla. L. Weekly D1617b Workers’ compensation — Request for one-time change of physician — Right of selection — Timeliness of employer/carrier’s response — Where request for one-time change of physician was inserted on the second page of a post-petition document, a “notice of appearance” that appeared to have an entirely different purpose than physician […]
Attorney’s fees — Proposal for settlement — Proposal did not need to address spouse’s separate and distinct loss of consortium claim
40 Fla. L. Weekly D1589d Torts — Attorney’s fees — Proposal for settlement — Proposal which clearly announced that it addressed any and all claims and causes of action resulting from accident giving rise to lawsuit brought by injured plaintiff against driver of vehicle and which included and described all relevant conditions of the proposal […]
Attorney’s fees — Absence of pleading — Exceptions
40 Fla. L. Weekly D1579b Attorney’s fees — Absence of pleading — Exceptions — Trial court erred in concluding that defendant, who had not filed answer to complaint, had waived claim for attorney’s fees by failing to file “pleading” asserting entitlement to fees — Both exceptions to the pleading requirement were applicable in this case: […]