40 Fla. L. Weekly D2260aTop of Form Torts — Discovery — Privilege — Work product — Trial court departed from essential requirements of law by compelling production of photographs of accident scene taken by defendant on day of accident, over defendant’s claim of work product privilege, without conducting in camera review — In camera review Read More »

40 Fla. L. Weekly D2224a Civil procedure — Dismissal — Torts — Error to grant defendant’s motion to dismiss, either because defendant was entitled to workers’ compensation immunity or because defendant was released in earlier settlement, where resolution of these issues required court to make factual determinations outside pleadings   ERIC FLITE, Appellant, v. MEDI-TRANS, Read More »

40 Fla. L. Weekly D2214b Workers’ compensation — Independent medical examination — Judge of compensation claims did not depart from essential requirements of law by requiring claimant to undergo IME   JUDITH A. BEDWELL, Petitioner, v. STONE CONTAINER CORPORATION AND BROADSPIRE INSURANCE, Respondents. 1st District. Case No. 1D15-2686. Opinion filed September 30, 2015. Petition for Read More »

40 Fla. L. Weekly D2209a Workers’ compensation — Medical benefits — Psychiatric treatment — Attorney’s fees — Judge of compensation claims erred by failing to award attorney’s fees for successful assertion of a petition for benefits for a medical appointment with psychiatrist, which was resolved by the parties at mediation before the trial — Compensable Read More »

40 Fla. L. Weekly D2205b Insurance — Homeowners — Coverage — Sinkhole loss — Error to grant summary judgment in favor of insurer where material issue of fact remained as to method of subsurface repair LIZARDO ESTRADA and BLANCA ESTRADA f/k/a BLANCA VALLADARES, Appellants, v. TOWER HILL SELECT INSURANCE COMPANY, Appellee. 2nd District. Case No. Read More »