Archives for September 2015

40 Fla. L. Weekly D2188aTop of Form Torts — Punitive damages — Appeals — Certiorari — Order granting leave to assert punitive damages claim quashed where neither trial court’s verbal comments nor written order demonstrated whether trial court found that plaintiff demonstrated reasonable basis for seeking punitive damages PETRI POSITIVE PEST CONTROL, INC., a Florida Read More »

40 Fla. L. Weekly D2146c Form Workers’ compensation — Temporary total disability benefits — Expiration of benefits period — Question certified: Is a worker who is totally disabled as a result of a workplace accident, but still improving from a medical standpoint at the time temporary total disability benefits expire, deemed to be at maximum Read More »

40 Fla. L. Weekly D2170aTop of Form Torts — Automobile accident — Rear end collision — Evidence — Trial court did not abuse discretion by admitting evidence of payments made by defense or its agents to defendant’s expert witnesses — Damages — Error to award damages for future medical expenses where evidence did not establish Read More »

40 Fla. L. Weekly D2164b Torts — Discovery — Work product privilege — Trial court improperly entered order compelling defendant to disclose to plaintiff post-accident photographs of area where plaintiff was injured where plaintiff failed to exercise due diligence to obtain substantially equivalent materials to the privileged photographs SEABOARD MARINE LTD., Petitioner, vs. FARCONELLY CLARK, Read More »

40 Fla. L. Weekly D2155b Insurance — Homeowners — Attorney’s fees — Award to insureds who prevailed in action against insurer which had denied request for appraisal — Trial court did not abuse discretion in finding that $400 was a reasonable blended hourly rate for various attorneys who were involved in case — 200 hours Read More »