40 Fla. L. Weekly D2090aTop of Form Torts — Automobile accident — Insurance — Nonjoinder of insurer in action against insured — Trial court departed from essential requirements of law by refusing to dismiss count against tortfeasor’s insurer alleging breach of contract based on insurer’s alleged presuit agreement with plaintiff to pay policy limits to Read More »

40 Fla. L. Weekly D2110aop of Form Contracts — Arbitration — Arbitration pursuant to arbitration provision in distributor agreement between cell phone manufacturer and open-market distributor of smart phones — Claim by distributor that distributor agreement containing arbitration provision had never been formed because agreement had been signed by distributor but not by manufacturer is Read More »

40 Fla. L. Weekly D2115aof Form Torts — Damages — Discovery — Under unusual facts of case, certiorari review of order sustaining plaintiff’s objections to defendant’s third-party subpoenas duces tecum is appropriate — Where hospital’s billing supervisor could not explain why two invoices for plaintiff’s hospital care were paid by two separate entities, trial court Read More »

40 Fla. L. Weekly D2091a Workers’ compensation — Judge of compensation claims erred in compelling claimant’s attendance at a psychological evaluation where that issue was not submitted to JCC for determination   BENJAMIN GUTIERREZ, Appellant, v. THE PORT ROYAL CLUB, INC., AND FCCI INSURANCE CO., Appellees. 1st District. Case No. 1D15-0002. Opinion filed September 9, Read More »

40 Fla. L. Weekly D2101bTop of Form Civil procedure — Discovery — Independent medical examination — Trial court departed from essential requirements of law in requiring non-resident defendant, who had not sought affirmative relief in Florida courts, to appear for an independent medical examination in Florida STEPHEN A. BODZIN, an individual, and BODZIN & GOLUB, Read More »