40 Fla. L. Weekly D2609a of Torts — Dismissal — Fraud on the court — Trial court erred by failing to dismiss claims for pain and suffering and loss of earnings where plaintiff, in three depositions, gave false or misleading answers to questions concerning the extent, duration, and severity of his pain and suffering and Read More »

40 Fla. L. Weekly D2595bTop of Form Insurance — Trial court erred in entering summary judgment in favor of insured in insured’s breach of contract action against insurer where there was a question as to whether insurer knew that insured disputed the amount of loss, and therefore a genuine issue of material fact as to Read More »

40 Fla. L. Weekly D2602bTop of Form Workers’ compensation — Where claimant filed third petition seeking additional impairment benefits prior to hearing on first petition for benefits, judge of compensation claims went beyond the scope of issues before her when she essentially denied additional impairment benefits sought in third petition after having reserved jurisdiction over Read More »

40 Fla. L. Weekly D2581aTop of Form Workers’ compensation — No error in awarding psychiatric treatment and temporary total disabilities based on finding that claimant suffered compensable and disabling mental injury — Evidence — Although judge of compensation claims improperly considered medical opinions of physician who was not treating physician, independent medical examiner, or expert Read More »

40 Fla. L. Weekly D2563aTop of Form Torts — Damages — It was error to award plaintiff damages for lost earning capacity where plaintiff failed to demonstrate any diminished ability to earn money in the future and failed to present evidence that would allow jury to quantify the amount of an award — It was Read More »