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

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Archives for March 2016

March 25, 2016 by admin

Wrongful death — Premises liability — Action against owner and lessee of warehouse by widow of decedent who fell to his death through a warehouse skylight while painting the warehouse roof — Trial court did not err in entering summary judgment for defendants on basis that defendants did not owe a duty to decedent, an employee of an independent contractor hired to paint the warehouse roof

41 Fla. L. Weekly D753aTop of Form Wrongful death — Premises liability — Action against owner and lessee of warehouse by widow of decedent who fell to his death through a warehouse skylight while painting the warehouse roof — Trial court did not err in entering summary judgment for defendants on basis that defendants did Read More »

Filed Under: Articles

March 25, 2016 by admin

Torts — Premises liability — New trial — Argument — Trial court did not abuse discretion in denying defendant’s motion for new trial on the basis of improper argument by plaintiff’s counsel

41 Fla. L. Weekly D755aTop of Form Torts — Premises liability — New trial — Argument — Trial court did not abuse discretion in denying defendant’s motion for new trial on the basis of improper argument by plaintiff’s counsel — Arguments which bolstered credibility of witness, denigrated defendant for asserting a defense, and appealed to Read More »

Filed Under: Articles

March 25, 2016 by admin

Torts — Premises liability — Trial court did not err in entering summary judgment for defendant in slip and fall case

41 Fla. L. Weekly D759aTop of Form Torts — Premises liability — Trial court did not err in entering summary judgment for defendant in slip and fall case IAN SOKOLOFF, Appellant, vs. OCEANIA I CONDOMINIUM ASSOCIATION, INC., Appellee. 3rd District. Case No. 3D15-1601. L.T. Case No. 13-29361. Opinion filed March 23, 2016. An Appeal from Read More »

Filed Under: Articles

March 25, 2016 by admin

Appeals — Certiorari — Amendment of complaint to assert claim for punitive damages — Appellate court lacks certiorari jurisdiction to review the sufficiency of evidence considered by trial court in granting leave to amend complaint to add claim for punitive damages

41 Fla. L. Weekly D759cTop of Form Appeals — Certiorari — Amendment of complaint to assert claim for punitive damages — Appellate court lacks certiorari jurisdiction to review the sufficiency of evidence considered by trial court in granting leave to amend complaint to add claim for punitive damages SAP AMERICA, INC., Petitioner, vs. ROYAL FLOWERS, Read More »

Filed Under: Articles

March 25, 2016 by admin

Appeals — Non-final orders — Default judgment entered against a defendant as to liability is non-final, non-appealable order

41 Fla. L. Weekly D765a Top of Form Appeals — Non-final orders — Default judgment entered against a defendant as to liability is non-final, non-appealable order — Appeal from order vacating default and “default final judgment as to liability” dismissed for lack of jurisdiction GARRETT MEDEIROS, Appellant, v. LLOYD FIRTH A/K/A WILLIAM LLOYD FIRTH, Appellee. Read More »

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