40 Fla. L. Weekly D1579b Attorney’s fees — Absence of pleading — Exceptions — Trial court erred in concluding that defendant, who had not filed answer to complaint, had waived claim for attorney’s fees by failing to file “pleading” asserting entitlement to fees — Both exceptions to the pleading requirement were applicable in this case: Read More »

40 Fla. L. Weekly D1573f Attorney’s fees — Prevailing party — Voluntary dismissal — Where two of three counts against defendants were for amount defendants owed on note, with one of the counts seeking foreclosure, and plaintiff voluntarily dismissed suit after defendants paid the majority of what was owed, trial court erred in awarding prevailing Read More »

40 Fla. L. Weekly D1564c Workers’ compensation — Compensable accidents — Correctional officers — Heart condition — Presumption of occupational causation — Judge of compensation claims erred in applying section 112.18(1)(b)4., Florida Statutes, to deny presumption to correctional officer who did not file any petition within 180 days after leaving employment where claimant’s date of Read More »

40 Fla. L. Weekly D1559c Torts — Collision between motor vehicle and motorcycle — Vicarious liability of vehicle owner — Damages — Limitation — Where permissive user of vehicle who was liable for accident had insurance with limits less than $500,000 combined property damage and bodily injury liability, owner’s liability was limited by statute to Read More »

40 Fla. L. Weekly D1524a Employer-employee relations — Whistleblowers — Retaliatory discharge — Action by plaintiff who was employed as audit associate at hospital district, a governmental entity supported by tax dollars, alleging her position as audit associate was terminated in retaliation for her participation in certain audit investigation, in violation of Whistleblower Act — Read More »