41 Fla. L. Weekly D1236aTop of Form Attorney’s fees — Trial court abused its discretion when it awarded attorney’s fees pursuant to section 57.105(1) without making detailed findings in its order regarding basis for the fees sanction CLAUTIDE JEAN-PIERRE, JAMES JEAN-PIERRE, and REYNOLD JEAN-PIERRE, Appellants, v. MADELINE GLABERMAN, Appellee. 4th District. Case No. 4D15-2582. May Read More »
Articles
Torts — Dismissal — Trial court abused discretion by denying plaintiff’s motion to continue trial and dismissing action because of plaintiff’s failure to appear for trial
41 Fla. L. Weekly D1228aTop of Form Torts — Dismissal — Trial court abused discretion by denying plaintiff’s motion to continue trial and dismissing action because of plaintiff’s failure to appear for trial where plaintiff’s failure to appear was due to his inability to obtain a visa to travel from Brazil to the United States, Read More »
Workers’ compensation — Temporary partial disability — Affirmative defenses — Judge of compensation claims properly found that claimant’s statements to her attorney, including statement that claimant felt like “punching the lights” out of her co-worker, did not constitute misconduct as defined by statute
41 Fla. L. Weekly D1225aTop of Form Workers’ compensation — Temporary partial disability — Affirmative defenses — Termination of claimant for misconduct premised solely on claimant’s attorney’s statement that claimant had shared that she had suicidal and homicidal thoughts arising from her injuries — Judge of compensation claims properly found that claimant’s statements to her Read More »
Torts — Surgery on minor child — Informed consent — Health care provider is not required to obtain informed consent from both parents of a minor child, rather than just one parent, before rendering non-emergency care or treatment to minor child
41 Fla. L. Weekly D1223aTop of Form Torts — Surgery on minor child — Informed consent — Health care provider is not required to obtain informed consent from both parents of a minor child, rather than just one parent, before rendering non-emergency care or treatment to minor child — Consent of one parent to non-emergency Read More »
Discovery — Depositions — Trial court departed from essential requirements of law by allowing defendant to depose plaintiff’s retained, non-testifying expert where defendant failed to argue or offer proof that exceptional circumstances existed for taking expert’s deposition
41 Fla. L. Weekly D1194aTop of Form Wrongful death — Medical malpractice — Negligence — Discovery — Depositions — Trial court departed from essential requirements of law by allowing defendant to depose plaintiff’s retained, non-testifying expert where defendant failed to argue or offer proof that exceptional circumstances existed for taking expert’s deposition — Plaintiff did Read More »