41 Fla. L. Weekly D1368eTop of Form Torts — Premises liability — Slip and fall — Trial court erred in granting summary judgment in favor of defendants based on finding that plaintiffs failed to present any genuine issues of material fact as to whether defendant knew or should have known of dangerous conditions or that Read More »

41 Fla. L. Weekly D1357aTop of Form Attorney’s fees — Proposal for settlement — Validity of proposal — Insurance — Action by insured against insurer — Trial court properly denied defendant insurer’s motion for attorney’s fees based on proposal for settlement where proposal purported to impose liability for an indeterminate category of other claims of Read More »

41 Fla. L. Weekly S261aTop of Form Workers’ compensation — Temporary total disability — Section 440.15(2)(a), Florida Statutes (2009), which cuts off disability benefits after 104 weeks to a worker who is totally disabled but who has not yet reached maximum medical improvement, is unconstitutional as applied as a denial of access to courts — Read More »

41 Fla. L. Weekly D1308aTop of Form Torts — Evidence — Causation expert — Trial court did not abuse its discretion in excluding plaintiff’s expert’s causation opinion — 2013 amendment of statute on admission of expert testimony applies retroactively — Amendments to the statute are procedural and thus apply retroactively — Summary judgment for defendants Read More »

41 Fla. L. Weekly D1257a Top of Form Mortgage foreclosure — Evidence — Hearsay — Business records exception — Statute allows for self-authentication of business records by means of a certification or declaration from the custodian of the records — Trial court abused discretion in sustaining objection to admissibility of certificate of authenticity of business Read More »