42 Fla. L. Weekly D2426cTop of Form Wrongful death — Product liability — Tobacco — Engle progeny case — Jury — Trial court abused its discretion in responding to jury note asking for transcript of witness’s deposition testimony, which was presented to jury as the witness’s trial testimony, in a manner that did not inform Read More »
Archives for November 2017
Attorney’s fees — Justiciable issues — Claim or defense not supported by material facts or applicable law — Trial court improperly awarded attorney’s fees in favor of insurance company as a sanction for insured’s filing of frivolous complaint without making requisite findings of fact in order — Court also erred in imposing joint and several liability on law firm and insured — Under circumstances, each could be responsible for only fifty percent of attorney’s fee sanction
42 Fla. L. Weekly D2463aTop of Form Attorney’s fees — Justiciable issues — Claim or defense not supported by material facts or applicable law — Trial court improperly awarded attorney’s fees in favor of insurance company as a sanction for insured’s filing of frivolous complaint without making requisite findings of fact in order — Court Read More »
Insurance — Attorney’s fees — Insured prevailing in action against insurer — Where attorney representing insured had worked at law firm that originated insured’s claim, and continued to represent insured after leaving that firm, it was error for trial court to refuse to consider hours expended by attorney while working at prior firm in calculating attorney’s fee award — Trial court also erred in limiting prejudgment interest calculation by only including interest accruing through evidentiary fee hearing rather than date judgment was entered
42 Fla. L. Weekly D2459bTop of Form Insurance — Attorney’s fees — Insured prevailing in action against insurer — Where attorney representing insured had worked at law firm that originated insured’s claim, and continued to represent insured after leaving that firm, it was error for trial court to refuse to consider hours expended by attorney Read More »
Contempt — Civil — Willful failure to attend and participate in court-ordered mediation — Compensatory fine imposed following finding of contempt improperly included losses not caused by underlying contempt — Remand for new hearing on amount of compensatory fine
42 Fla. L. Weekly D2474bTop of Form Contempt — Civil — Willful failure to attend and participate in court-ordered mediation — Compensatory fine imposed following finding of contempt improperly included losses not caused by underlying contempt — Remand for new hearing on amount of compensatory fine GOZZO DEVELOPMENT, INC., and GREGORY GOZZO, an individual, Appellants, Read More »
Workers’ compensation — Compensable accidents — Law enforcement officers — Hypertension — Single reported elevated blood pressure reading at claimant’s pre-employment physical examination did not constitute evidence of the condition of hypertension — Judge of compensation claims did not err by determining that claimant was entitled to statutory presumption of compensability
42 Fla. L. Weekly D2469bTop of Form Workers’ compensation — Compensable accidents — Law enforcement officers — Hypertension — Single reported elevated blood pressure reading at claimant’s pre-employment physical examination did not constitute evidence of the condition of hypertension — Judge of compensation claims did not err by determining that claimant was entitled to statutory Read More »
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