28 Fla. L. Weekly Fed. C2016a JUAN TORRES and ALEJANDRO TORRES, Plaintiffs-Appellees, v. FIRST TRANSIT, INC., Defendant-Appellant. 11th Circuit. Case No. 18-15186. October 20, 2020. Appeal from the U.S. District Court for the Southern District of Florida (No. 9:17-cv-81162-BB). (Before NEWSOM and TJOFLAT, Circuit Judges, and PROCTOR*, District Judge.) (TJOFLAT, Circuit Judge.)I. On September 30, Read More »
Archives for October 2020
Civil procedure — Jurors — Voir dire — Challenge — Cause — Torts — Product liability — Tobacco — Trial court committed reversible error by granting defendant’s motion to exclude eight prospective jurors based solely on their written responses to particular question on jury questionnaire without first allowing counsel to question those jurors as permitted under rule 1.431(b) where it was not “conclusively clear” from their written answers that the excused prospective jurors could not be impartial — New trial required — Evidence — Admission of individual photograph depicting decedent not smoking was not probative of how much decedent did or did not smoke — Testimony that decedent could go into hotels owned by her family and “sign for things without paying” was also not relevant to any material fact
45 Fla. L. Weekly D2436a SHAN FROGEL, as personal representative of the Estate of Bette J. Cash, Appellant, v. PHILIP MORRIS USA, INC., Appellee. 4th District. Case No. 4D19-2781. October 28, 2020. Appeal and cross-appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Cymonie S. Rowe, Judge; L.T. Case No. 50-2007-CA-023246-XXXX-MB. Read More »
Insurance — Homeowners — Coverage — Appraisal — Waiver — Trial court erred in compelling appraisal of residential home under policy where there were disputes over coverage and policy specifically precluded appraisal for coverage issues — Moreover, any right of appraisal was waived where suit was filed and litigated for a year prior to appraisal request
45 Fla. L. Weekly D2442a CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. EMPIRE MITIGATION RESTORATION AND CONSULTING, LLC a/a/o Steve Wexler and Paula Wexler, Appellee. 1st District. Case No. 1D19-4009. October 28, 2020. On appeal from the Circuit Court for Clay County. Steven B. Whittington, Judge. Counsel: Steven G. Schwartz and Karrie D. Cook Read More »
Workers’ compensation — Medical benefits — Compensable accident — Major contributing cause — Break in causation — Judge of compensation claims erred in denying claims for medical care for claimant’s lumbar spine based on conclusion that claimant did not satisfy his burden of showing that workplace accident was MCC of the need for the requested treatment — Claimant was not required to establish MCC because the employer/servicing agent entered into a broad stipulation with claimant that did not define the accepted compensable injury any more narrowly than the lumbar spine — As a result of stipulation, the burden shifted to the e/sa to demonstrate a break in causation, and e/sa failed to provide evidence of any intervening or competing cause — JCC need not make findings on medical necessity on remand where evidence of medical necessity was unrefuted
45 Fla. L. Weekly D2440a JULIO SANCHEZ, Appellant, v. YRC, INC. and SEDGWICK, Appellees. 1st District. Case No. 1D19-4231. October 28, 2020. On appeal from an order of the Judge of Compensation Claims. Walter J. Havers, Judge. Date of Accident: April 21, 2004. Counsel: Amie E. DeGuzman of the Law Office of John J. Rahaim Read More »
Workers’ compensation — Jurisdiction — Appeals — Judge of compensation claims correctly found that he lacked jurisdiction over petition for benefits because the claimed benefits were the same attendant care benefits that JCC awarded in a prior final order currently on appeal and cross-appeal
45 Fla. L. Weekly D2396a SALATIEL VELAZQUEZ HERNANDEZ, Petitioner, v. J. STERLING QUALITY ROOFING, INC., d/b/a STERLING ROOFING/SUMMIT, Respondent. 1st District. Case No. 1D20-1208. October 21, 2020. Petition for Writ of Certiorari — Original Jurisdiction. Date of Accident: July 20, 2017. Counsel: James Richard Parris of Parris & Papa, P.A., Jacksonville, and Wendy S. Loquasto Read More »