Insurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Language of rule 1.442(d) and section 768.79(3) providing that proposal for settlement shall not be filed “unless necessary to enforce” provisions of rule and statute does not mandate that party must file proposal for settlement prior to time it seeks to enforce […]
Articles
Workers’ Compensation: major contributing cause analysis where evidence indicates both pre-existing and accident-related injuries, etc.
38 Fla. L. Weekly D2525a Workers’ compensation — Medical benefits — Emergency services and care — Major contributing cause — Evidence — Medical opinion — Authorized treating physician — Emergency provider — Where it was established that there were two contributing causes of claimant’s lower back injury that required medical treatment, including compensable accident and […]
Uninsured Motorist: evidence that a treating physician would reduce bills in proportion to Plaintiff’s recovery was admissible and was not improper collateral source evidence
38 Fla. L. Weekly D2477a Insurance — Uninsured motorist — Evidence — Where insured was injured while a passenger on a public bus that was involved in an accident with another vehicle, it was not an abuse of discretion to admit time lapse videos taken by surveillance cameras located within the bus — Trial court […]
Order granting a motion for entry of default judgment determining liability is not appealable
38 Fla. L. Weekly D2510a Civil procedure — Appeals — Jurisdiction — Non-final orders — Order granting motion for entry of default judgment as to liability only is a non-final, non-appealable order — This type of order was expressly removed from the list of appealable non-final orders — Appeal dismissed for lack of jurisdiction AMMY […]
An order determining entitlement to attorneys’ fees without setting amount is not appealable
38 Fla. L. Weekly D2508c Attorney’s fees — Appeals — Jurisdiction — Non-final orders — An order finding entitlement to attorney’s fees but not setting an amount is a non-final, non-appealable order — Appeal dismissed for lack of jurisdiction KLING CORPORATION, etc., et al., Appellants, vs. HOLA NETWORKS CORPORATION, etc., et al., Appellees. 3rd District. […]