43 Fla. L. Weekly D1213b Torts — Death of party — Trial court erred in dismissing cause of action against deceased party where motion to substitute deceased party with personal representative of deceased party’s estate was filed within 90 days of filing of suggestion of death — It is not required that a notice of Read More »
Archives for June 2018
Workers’ compensation — Temporary partial disability — Where employer/carrier argued that claimant’s retirement was an intervening cause that broke the chain of causation between her compensable injuries and her loss of earnings, but there was an issue as to whether claimant’s retirement was entirely voluntary, judge of compensation claims is to make finding on remand as to whether claimant left her employment for unjustifiable reasons
43 Fla. L. Weekly D1228b Workers’ compensation — Temporary partial disability — Where employer/carrier argued that claimant’s retirement was an intervening cause that broke the chain of causation between her compensable injuries and her loss of earnings, but there was an issue as to whether claimant’s retirement was entirely voluntary, judge of compensation claims is Read More »
Workers’ compensation — Medical benefits — One-time change of physicians — Physician who practices in same specialty as originally authorized physician — Neurosurgeon authorized by employer/carrier did not practice in the same specialty as originally authorized orthopedic surgeon
43 Fla. L. Weekly D1230a Workers’ compensation — Medical benefits — One-time change of physicians — Physician who practices in same specialty as originally authorized physician — Neurosurgeon authorized by employer/carrier did not practice in the same specialty as originally authorized orthopedic surgeon LAURA MYERS, Appellant, v. PASCO COUNTY SCHOOL BOARD and JOHNS EASTERN COMPANY, Read More »
Insurance — Uninsured motorist — Jurors — Peremptory challenge — Trial court erred in denying defendant insurer’s peremptory challenge of African-American female juror on ground that race-neutral explanation for challenge, that juror was inattentive and did not appear engaged in jury selection process, was legally insufficient — Where trial court agreed with defendant’s observation that juror was not particularly engaged, defendant was entitled to presumption that proffered reason for challenge was genuine, and court was obligated to undertake a genuineness analysis prior to disallowing the strike, which court did not do — New trial required
43 Fla. L. Weekly D1220a Insurance — Uninsured motorist — Jurors — Peremptory challenge — Trial court erred in denying defendant insurer’s peremptory challenge of African-American female juror on ground that race-neutral explanation for challenge, that juror was inattentive and did not appear engaged in jury selection process, was legally insufficient — Where trial court Read More »
Attorney’s fees — Prevailing party — Trial court erred in awarding attorney’s fees under prevailing party provision in contract against party who was not a party to that contract
43 Fla. L. Weekly D1235a Attorney’s fees — Prevailing party — Trial court erred in awarding attorney’s fees under prevailing party provision in contract against party who was not a party to that contract AZALEA TRACE, INC., Appellant, v. NORA MATOS and ARNOLD ESKIN, Appellees. 1st District. Case No. 1D17-753. June 4, 2018. On appeal Read More »