41 Fla. L. Weekly D295bTop of Form Wrongful death — Medical malpractice — New trial — Plaintiff suffered prejudice where, shortly before trial, defendant amended Fabre defense to include other physicians as non-party defendants and then withdrew the Fabre defense on the last day of trial — Events created situation in which plaintiff presented case Read More »
Articles
Torts — Assignment of claims
41 Fla. L. Weekly D275aTop of Form Torts — Assignment of claims — Action by plaintiff against his residential tenant, alleging that tenant was negligent in connection with a fire that damaged plaintiff’s property — Trial court did not err in entering summary judgment for defendant on basis that plaintiff, in mortgage, had assigned rights Read More »
Jurisdiction — Non-residents — Tortious conduct in state — Evidentiary hearing required on jurisdictional issues where plaintiff alleged that defendant committed tortious conduct through communications with decedent in Florida and defendant denied any such communications
41 Fla. L. Weekly D213aTop of Form Jurisdiction — Non-residents — Tortious conduct in state — Evidentiary hearing required on jurisdictional issues where plaintiff alleged that defendant committed tortious conduct through communications with decedent in Florida and defendant denied any such communications TERUGOSHI KOTOURA a/k/a KATSURA KAN, Appellant, v. TIBOR STERN, as Personal Representative of Read More »
Jurisdiction — Non-residents — Where neither amended complaint nor testimony at hearing on jurisdiction showed that any act beyond repayment of promissory note was required to be performed in Florida, defendant did not have sufficient minimum contacts with state to support assertion of personal jurisdiction
41 Fla. L. Weekly D261aTop of Form Jurisdiction — Non-residents — Contracts — Failure to pay on contract requiring payment in Florida is sufficient to satisfy Florida’s long-arm statute conferring jurisdiction over breach of contract actions — Minimum contacts — Where neither amended complaint nor testimony at hearing on jurisdiction showed that any act beyond Read More »
Insurance — Discovery — Trial court departed from essential requirements of law in ordering insurer to produce portions of its adjusters’ claims files to medical provider in first-party non-bad-faith cases
41 Fla. L. Weekly D278aop of Form Insurance — Discovery — Trial court departed from essential requirements of law in ordering insurer to produce portions of its adjusters’ claims files to medical provider in first-party non-bad-faith cases STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, vs. PREMIER DIAGNOSTIC CENTERS, LLC, (A/A/O SHERRY DUJON, DOLORES LANCASTER, MARIA Read More »