40 Fla. L. Weekly D1636a Judges — Disqualification — Reasonably prudent person would be in fear of not receiving fair and impartial review of pending post-trial motions based on hostility between judge and one of plaintiff’s attorneys, who had questioned judge’s suitability for appointment to federal bench, where, as plaintiff and her trial counsel approached Read More »

40 Fla. L. Weekly D1617b Workers’ compensation — Request for one-time change of physician — Right of selection — Timeliness of employer/carrier’s response — Where request for one-time change of physician was inserted on the second page of a post-petition document, a “notice of appearance” that appeared to have an entirely different purpose than physician Read More »

40 Fla. L. Weekly D1589d Torts — Attorney’s fees — Proposal for settlement — Proposal which clearly announced that it addressed any and all claims and causes of action resulting from accident giving rise to lawsuit brought by injured plaintiff against driver of vehicle and which included and described all relevant conditions of the proposal Read More »

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 »