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

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Archives for October 2017

October 20, 2017 by admin

Attorney’s fees — Appellate — Multiplier — Law of the case — Where appellate court affirmed trial court’s award of attorney’s fees including a contingency fee multiplier for trial court services, granted motion for appellate attorney’s fees, and remanded to trial court for determination of amount of appellate fees, trial court was not bound by law of the case to award a multiplier when determining amount of appellate fees

42 Fla. L. Weekly D2199aTop of Form Attorney’s fees — Appellate — Multiplier — Law of the case — Where appellate court affirmed trial court’s award of attorney’s fees including a contingency fee multiplier for trial court services, granted motion for appellate attorney’s fees, and remanded to trial court for determination of amount of appellate Read More »

Filed Under: Articles

October 20, 2017 by admin

Insurance — Bad faith — Insured’s action against insurer — Condition precedent — Civil remedies notice — Trial court erred by entering final summary judgment in favor of insurer on ground that insured did not timely send CRN as required by statute and therefore could not maintain its bad faith cause of action where record undisputedly established that insurer received insured’s CRN nearly four years before bad faith suit was filed and responded to the CRN without challenging its service

42 Fla. L. Weekly D2226aTop of Form Insurance — Bad faith — Insured’s action against insurer — Condition precedent — Civil remedies notice — Trial court erred by entering final summary judgment in favor of insurer on ground that insured did not timely send CRN as required by statute and therefore could not maintain its Read More »

Filed Under: Articles

October 20, 2017 by admin

Attorney’s fees — Section 57.105 sanctions — Trial court properly denied motion for attorney’s fees under sections 57.105 and 163.3215(6) where, although plaintiff’s claims were tenuous, there was at least an arguable basis for plaintiff’s claims

42 Fla. L. Weekly D2223aTop of Form Attorney’s fees — Section 57.105 sanctions — Trial court properly denied motion for attorney’s fees under sections 57.105 and 163.3215(6) where, although plaintiff’s claims were tenuous, there was at least an arguable basis for plaintiff’s claims — Merely losing a case is not a basis for sanctions under Read More »

Filed Under: Articles

October 12, 2017 by admin

Torts — Jury — Voir dire — Trial court did not err in granting new trial based on court’s failure to allow defendants to question several members of jury venire before they were excused for bias

42 Fla. L. Weekly D2156bTop of Form Torts — Jury — Voir dire — Trial court did not err in granting new trial based on court’s failure to allow defendants to question several members of jury venire before they were excused for bias HEATHER IRIMI, as Personal Representative of the ESTATE OF DALE MOYER, Appellant, Read More »

Filed Under: Articles

October 12, 2017 by admin

Attorney’s fees — Proposal for settlement — Trial court erred in denying motion for attorney’s fees on ground that proposals for settlement failed to apportion settlement amount to each defendant — Sufficient apportionment was set forth where plaintiff sent identical proposals for settlement to two defendants indicating the total settlement amount sought, and each proposal contained a footnote clarifying the total amount sought and indicating that if each of the two defendants accepted and tendered the full settlement amount to the plaintiff, the plaintiff would return half of the amount to each of the defendants

42 Fla. L. Weekly D2154eTop of Form Attorney’s fees — Proposal for settlement — Trial court erred in denying motion for attorney’s fees on ground that proposals for settlement failed to apportion settlement amount to each defendant — Sufficient apportionment was set forth where plaintiff sent identical proposals for settlement to two defendants indicating the Read More »

Filed Under: Articles

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