42 Fla. L. Weekly D1407aTop of Form Wrongful death — Automobile accident — Vicarious liability — Temporary control of car by non-owner, who was driving vehicle at time of accident while owner was present in passenger’s seat, fell within parameters of a loan for purposes of statute limiting strict vicarious liability of owner who “loans” […]
Archives for June 2017
Torts — Jurisdiction — Non-residents — Trial court erred in denying motion to dismiss for lack of jurisdiction without considering affidavit submitted by defendant refuting the jurisdictional allegations of the complaint — When non-resident defendant submits affidavit refuting jurisdictional allegations, burden shifts to plaintiff to file affidavit or other evidence clearly justifying exercise of jurisdiction
42 Fla. L. Weekly D1389b Top of Form Torts — Jurisdiction — Non-residents — Trial court erred in denying motion to dismiss for lack of jurisdiction without considering affidavit submitted by defendant refuting the jurisdictional allegations of the complaint — When non-resident defendant submits affidavit refuting jurisdictional allegations, burden shifts to plaintiff to file affidavit […]
Workers’ compensation — Medical benefits — One-time change in physician — Statute which authorizes claimant to request change of physician once during course of treatment and providing employer/carrier five days in which to authorize an alternative physician not professionally affiliated with “the previous physician” clearly and unambiguously refers to the single immediate prior authorized treating physician
42 Fla. L. Weekly D1386aTop of Form Workers’ compensation — Medical benefits — One-time change in physician — Statute which authorizes claimant to request change of physician once during course of treatment and providing employer/carrier five days in which to authorize an alternative physician not professionally affiliated with “the previous physician” clearly and unambiguously refers […]
Workers’ compensation — Judge of compensation claims departed from essential requirements of law and caused irreparable harm by dismissing, for lack of jurisdiction, a petition for benefits in which claimant challenged as unconstitutional the statutory cap on weekly compensation rate set out in section 440.12(2)
42 Fla. L. Weekly D1385aTop of Form Workers’ compensation — Judge of compensation claims departed from essential requirements of law and caused irreparable harm by dismissing, for lack of jurisdiction, a petition for benefits in which claimant challenged as unconstitutional the statutory cap on weekly compensation rate set out in section 440.12(2) JULIO A. JIMINEZ, […]
Attorney’s fees — Section 57.105 sanctions — Safe harbor — Email service requirements of rule 2.516(b)(1) do not apply to motion for section 57.105 fees, which is only served on opposing party but not filed with court — Conflict certified
42 Fla. L. Weekly D1355eTop of Form Attorney’s fees — Section 57.105 sanctions — Safe harbor — Email service requirements of rule 2.516(b)(1) do not apply to motion for section 57.105 fees, which is only served on opposing party but not filed with court — Conflict certified ISLA BLUE DEVELOPMENT, LLC, Appellant, v. TRACIE C. […]