39 Fla. L. Weekly D1438a Torts — Discovery — Psychological examination — Although court could properly compel plaintiff who claims damages for mental anguish after being bitten by defendant’s dog to submit to psychological examination, it was a departure from essential requirements of law to require plaintiff to submit to psychological examination without specifying the Read More »
Articles
Homeowners’ Insurance — Statute of Limitations upon action for breach of property insurance contract
39 Fla. L. Weekly D1421a Insurance — Homeowners — Property damage from hurricane — Limitation of actions — Error to dismiss with prejudice homeowner’s complaint against insurer alleging breach of property insurance contract on ground that claim was barred by statute of limitations and on ground that insured failed to comply with notice of loss Read More »
Employment Law — Federal Court — Temporal proximity between employee’s FMLA leave and termination not sufficient to establish retaliation
24 Fla. L. Weekly Fed. C1465a Employment discrimination — Americans with Disabilities Act — Family Medical Leave Act — No error in entering summary judgment in favor of former employer who dismissed plaintiff from employment as commercial truck driver after plaintiff was diagnosed as suffering from alcoholism — Plaintiff was not qualified individual under ADA, Read More »
Order denying motion for summary judgment is non-final and not generally subject to appeal
39 Fla. L. Weekly D1397a Mandamus — Certiorari — Review of trial court’s denial of motion for summary judgment — Petition for writ of mandamus dismissed because petitioner cannot assert that trial court violated any clear legal right of petitioner, or that trial court had an indisputable legal duty to grant motion for summary judgment Read More »
Fourth DCA recognizes distinction between treatment not being causally related to accident versus treatment worsening condition
39 Fla. L. Weekly D1374a Torts — Automobile accident — Evidence — Expert — Claim that trial court erred in admitting a physician’s testimony that surgery performed on plaintiff was unnecessary was not properly preserved for appeal by objection — Objection was required, although plaintiff had ostensibly obtained ruling on motion in limine from predecessor Read More »