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

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Archives for November 2019

November 15, 2019 by Jennifer Kennedy

Insurance — Homeowners — Dismissal of insured’s action against insurer for fraud on the court — Dismissal of action was too severe a sanction for insured’s statements in affidavit in opposition to insurer’s motion for summary judgment where insured had limited powers of recollection and fluency in English and affidavit was crafted by insured’s attorneys

44 Fla. L. Weekly D2756b Insurance — Homeowners — Dismissal of insured’s action against insurer for fraud on the court — Dismissal of action was too severe a sanction for insured’s statements in affidavit in opposition to insurer’s motion for summary judgment where insured had limited powers of recollection and fluency in English and affidavit Read More »

Filed Under: Uncategorized

November 15, 2019 by Jennifer Kennedy

Torts — Premises liability — Slip and fall in supermarket — No abuse of discretion in denying plaintiff’s request for special jury instruction or in allowing secondary evidence in form of testimony of defendant’s employee who had viewed unavailable surveillance video

44 Fla. L. Weekly D2756a Torts — Premises liability — Slip and fall in supermarket — No abuse of discretion in denying plaintiff’s request for special jury instruction or in allowing secondary evidence in form of testimony of defendant’s employee who had viewed unavailable surveillance video NILDA GARCIA, Appellant, v. PUBLIX SUPER MARKETS, INC., Appellee. Read More »

Filed Under: Uncategorized

November 8, 2019 by Jennifer Kennedy

Attorneys — Discipline — Conduct involving dishonesty, fraud, deceit, or misrepresentation — Misconduct or minor misconduct — Altering copies of photographic lineup by replacing client’s image with that of an alternate suspect and using the altered images as defense exhibits during pre-trial deposition — Court disapproves of referee’s findings of fact and recommendation that attorney did not violate any Rules Regulating the Florida Bar — Motive underlying attorney’s conduct is not determinative — Exhibits are deceptive on their face — Based on determination that attorney violated rules as charged, court further disapproves of referee’s determination that parties bear their own costs — Remand for determination of discipline before newly appointed referee

44 Fla. L. Weekly S229b Attorneys — Discipline — Conduct involving dishonesty, fraud, deceit, or misrepresentation — Misconduct or minor misconduct — Altering copies of photographic lineup by replacing client’s image with that of an alternate suspect and using the altered images as defense exhibits during pre-trial deposition — Court disapproves of referee’s findings of Read More »

Filed Under: Uncategorized

November 8, 2019 by Jennifer Kennedy

Attorney’s fees — Amount — Remand for trial court to make specific written findings as to fee amount awarded — Evidentiary hearing need not be conducted if record from initial hearing is adequate for trial court to make mandatory findings

44 Fla. L. Weekly D2660c Attorney’s fees — Amount — Remand for trial court to make specific written findings as to fee amount awarded — Evidentiary hearing need not be conducted if record from initial hearing is adequate for trial court to make mandatory findings SCOT BAIRD AND DEBBIE BAIRD, Appellants, v. DENNIS R. NEUTZE Read More »

Filed Under: Uncategorized

November 8, 2019 by Jennifer Kennedy

Workers’ compensation — Denial — Fraudulent, false, or misleading statements for purpose of securing workers’ compensation benefits — Fraudulent provision of invalid social security number — Judge of compensation claims properly denied entitlement to workers’ compensation benefits based on claimant’s fraudulent provision of an invalid social security number on form provided by medical care provider to whom claimant was referred following workplace injury — Claim that statute is unconstitutional as applied to claimant, an illegal alien, because it is preempted by Immigration Reform and Control Act is without merit — Claimant’s lack of lawful immigration status is not a defense to providing fraudulent information to obtain benefits

44 Fla. L. Weekly D2647b Workers’ compensation — Denial — Fraudulent, false, or misleading statements for purpose of securing workers’ compensation benefits — Fraudulent provision of invalid social security number — Judge of compensation claims properly denied entitlement to workers’ compensation benefits based on claimant’s fraudulent provision of an invalid social security number on form Read More »

Filed Under: Uncategorized

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