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

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Archives for February 2019

February 22, 2019 by Jennifer Kennedy

Attorney’s fees — Civil procedure — Discovery — Motions — Defendant ordered to pay attorney’s fees under rule 1.380(a)(4) based on conclusion that plaintiff had prevailed on its motion to compel discovery — Award under rule 1.380(a)(4) was made in error because rule 1.380(a)(4) is not a prevailing party rule and written order made no finding regarding whether defendant’s opposition to the motion was substantially justified

44 Fla. L. Weekly D506a Attorney’s fees — Civil procedure — Discovery — Motions — Defendant ordered to pay attorney’s fees under rule 1.380(a)(4) based on conclusion that plaintiff had prevailed on its motion to compel discovery — Award under rule 1.380(a)(4) was made in error because rule 1.380(a)(4) is not a prevailing party rule Read More »

Filed Under: Uncategorized

February 22, 2019 by Jennifer Kennedy

Civil procedure — Dismissal — Failure to prosecute — Notarized affidavit attesting that plaintiff did not receive notice of lack of prosecution is not sufficient to establish that trial court abused its discretion in denying motion to vacate order of dismissal

44 Fla. L. Weekly D470c Civil procedure — Dismissal — Failure to prosecute — Notarized affidavit attesting that plaintiff did not receive notice of lack of prosecution is not sufficient to establish that trial court abused its discretion in denying motion to vacate order of dismissal  ALAN FEUER, Appellant, v. KRASSIMIR IVANOV and ROBERT MILLER, Read More »

Filed Under: Uncategorized

February 15, 2019 by Jennifer Kennedy

Insurance — Stipulations — Trial court erred by permitting insured to withdraw from its pretrial factual stipulation that it was seeking a specific amount in code upgrade costs where insured’s purported mistake in law regarding its interpretation of the policy was not good cause for withdrawal from its factual stipulation — Where neither party withdrew from stipulation regarding amounts insurer had already paid, court was bound by the agreed-upon amount

44 Fla. L. Weekly D445a Insurance — Stipulations — Trial court erred by permitting insured to withdraw from its pretrial factual stipulation that it was seeking a specific amount in code upgrade costs where insured’s purported mistake in law regarding its interpretation of the policy was not good cause for withdrawal from its factual stipulation Read More »

Filed Under: Uncategorized

February 15, 2019 by Jennifer Kennedy

Workers’ compensation — Compensable injuries — Causation — Judge of compensation claims erred in finding that employer performed a reasonable and timely investigation into the compensability of claimant’s low back condition where JCC failed to determine when that investigation should have begun — Evidence — Unauthorized treating physician — JCC abused its discretion in excluding portions of chiropractor’s testimony where chiropractor was not asked to express an opinion relative to medical causation, but was asked to describe the treatment he provided to claimant and to put claimant’s complaints and clinical exam results into context

44 Fla. L. Weekly D420b Workers’ compensation — Compensable injuries — Causation — Judge of compensation claims erred in finding that employer performed a reasonable and timely investigation into the compensability of claimant’s low back condition where JCC failed to determine when that investigation should have begun — Evidence — Unauthorized treating physician — JCC Read More »

Filed Under: Uncategorized

February 14, 2019 by Jennifer Kennedy

Attorney’s fees — Proposal for settlement — Contractual fee agreement — Trial court erred in denying attorney’s fees pursuant to section 768.79 on the basis that fee provision in lease agreements prevented simultaneous award of attorney’s fees under the statute where fee provision in leases did not explicitly waive attorney’s fees available per statute, statute imposes a penalty, and plain language of statute makes attorney’s fee award mandatory if all requirements are met — Ambiguity — Trial court erred in determining that offers of settlement were ambiguous because it could not determine whether the offers should be aggregated for the purposes of comparison to the judgment where aggregating of offers of settlement for purpose of determining attorney’s fees cannot be tolerated under strict construction of statute

44 Fla. L. Weekly D422a Attorney’s fees — Proposal for settlement — Contractual fee agreement — Trial court erred in denying attorney’s fees pursuant to section 768.79 on the basis that fee provision in lease agreements prevented simultaneous award of attorney’s fees under the statute where fee provision in leases did not explicitly waive attorney’s Read More »

Filed Under: Uncategorized

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