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Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

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Archives for August 2015

August 28, 2015 by admin

Insurance — Proposal for settlement — Motion to extend time for response to proposal is denied

Online Reference: FLWSUPP 2301JORT Insurance — Proposal for settlement — Motion to extend time for response to proposal is denied   NAPLES MEDICAL & REHAB, LLC a/a/o JERRY ORTIZ, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 20th Judicial Circuit in and for Collier County. Case No. 2015-CC-275. May 19, 2015. Honorable Read More »

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August 28, 2015 by admin

Civil procedure — Discovery — Trial exhibits

Online Reference: FLWSUPP 2301BURR Civil procedure — Discovery — Trial exhibits — Plaintiff is not allowed to require defense counsel to travel to plaintiff’s attorney’s office to obtain discovery documents — Plaintiff is not allowed to reset discovery deadline established by court order by offering on last day of discovery period to make discovery documents Read More »

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August 28, 2015 by admin

Insurance — Automobile — Coverage — Denial — Bad faith — Evidence

25 Fla. L. Weekly Fed. C1508a Insurance — Automobile — Coverage — Denial — Bad faith — Evidence — District court abused discretion in denying admission of evidence of development of Florida law on implied consent doctrine as it pertained to whether an insurance policy covered a vehicle collision wherein insured was driving rental vehicle Read More »

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August 28, 2015 by admin

Attorney’s fees — Trial court deviated from mandate on remand when it used a “blended” hourly rate which differed from the stipulated rate agreed upon by the parties and reduced the number of hours it determined had been reasonably expended by lead counsel without providing any explanation

40 Fla. L. Weekly D1978b Attorney’s fees — Where parties had agreed that hourly rates charged by prevailing party’s attorney were reasonable and that trial court needed to determine only total number of appropriate hours expended, and appellate court reversed attorney’s fee award to extent it failed to make specific findings as to number of Read More »

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August 28, 2015 by admin

Torts — Medical malpractice — Trial court erred in denying defendant’s motion for new trial based on violation of pre-trial “one expert per specialty” rule

40 Fla. L. Weekly D1971a Torts — Medical malpractice — Negligent failure to timely diagnose child’s kidney disease, which ultimately resulted in renal failure, dialysis, and kidney transplants — Trial court erred in denying defendant’s motion for new trial where plaintiff violated pre-trial “one expert per specialty” rule by calling four pathologists to testify regarding Read More »

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