In response to the Supreme Court’s release of a new, Standard Jury Instruction on subsequent injuries caused by medical negligence, it should be noted that Abbey, Adams, Byelick & Mueller, L.L.P., took the position and submitted its comments to the Jury Instructions Committee that the language of the proposed instruction was an incomplete statement of Read More »

 39 Fla. L. Weekly S146a Standard Jury Instructions in Civil Cases — Amendment — Other contributing causes of damages — Subsequent injuries caused by medical treatment IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES — REPORT NO. 13-02. Supreme Court of Florida. Case No. SC13-1669. March 20, 2014. Original Proceedings — Supreme Court Committee on Read More »

39 Fla. L. Weekly D559b Insurance — Insured’s breach of policy provisions — Prejudice to insurer MARK HAMILTON, Appellant/Cross-Appellee, v. STATE FARM FLORIDA INSURANCE COMPANY, Appellee/Cross-Appellant. 5th District. Case No. 5D12-3733. Opinion filed March 14, 2014. Appeal from the Circuit Court for Citrus County, Patricia V. Thomas, Judge. Counsel: Raymond T. Elligett, Jr., of Buell Read More »

39 Fla. L. Weekly D556a Torts — Civil procedure — Summary judgment — Discovery pending — Entry of summary judgment in favor of defendant was premature where plaintiff’s counsel was still seeking to depose witness whose identity was not revealed by defendant until defendant filed its motion for summary judgment — Although non-moving party cannot Read More »

39 Fla. L. Weekly D495b Torts — Automobile accident — Discovery — Law firm’s financial relationship with plaintiff’s treating physician — Trial court did not depart from essential requirements of law by ordering law firm to provide list of payments made to plaintiff’s treating physician over last 3 years LYTAL, REITER, SMITH, IVEY & FRONRATH, Read More »