42 Fla. L. Weekly D1355eTop of Form Attorney’s fees — Section 57.105 sanctions — Safe harbor — Email service requirements of rule 2.516(b)(1) do not apply to motion for section 57.105 fees, which is only served on opposing party but not filed with court — Conflict certified ISLA BLUE DEVELOPMENT, LLC, Appellant, v. TRACIE C. Read More »
Articles
Workers’ compensation — Temporary partial disability — Misrepresentation — Competent, substantial evidence supported judge of compensation claims’ conclusion that claimant did not make intentional misrepresentations for purpose of obtaining workers’ compensation benefits — Determination that workplace injury was major contributing cause of claimant’s disability and need for medical care was not based on competent, substantial evidence — JCC erred in awarding TPD benefits
42 Fla. L. Weekly D1354aTop of Form Workers’ compensation — Temporary partial disability — Misrepresentation — Competent, substantial evidence supported judge of compensation claims’ conclusion that claimant did not make intentional misrepresentations for purpose of obtaining workers’ compensation benefits — Determination that workplace injury was major contributing cause of claimant’s disability and need for medical Read More »
Workers’ compensation — Judge of compensation claims departed from essential requirements of law by granting employer/carrier’s motion to compel claimant to attend functional capacity evaluation — Because FCE contemplated would compel claimant to undergo physical endurance tests, claimant has shown material injury that cannot be remedied on appeal
42 Fla. L. Weekly D1331aTop of Form Workers’ compensation — Judge of compensation claims departed from essential requirements of law by granting employer/carrier’s motion to compel claimant to attend functional capacity evaluation — Because FCE contemplated would compel claimant to undergo physical endurance tests, claimant has shown material injury that cannot be remedied on appeal Read More »
Torts — Automobile accident — Leased vehicles — Trial court did not err in instructing jury that lessee of vehicle would not be liable if driver’s use of the leased vehicle exceeded any express or implied consent and amounted to a species of theft or conversion
42 Fla. L. Weekly D1307aTop of Form Torts — Automobile accident — Leased vehicles — Trial court did not err in instructing jury that lessee of vehicle would not be liable if driver’s use of the leased vehicle exceeded any express or implied consent and amounted to a species of theft or conversion — Instruction Read More »
Costs — Trial court erred in including in costs awarded to prevailing party the cost of digital video editing and fees for six experts — Plaintiff failed to show video editing was reasonably necessary to prosecute the action and failed to offer any testimony in support of request for expert witness fees, even in face of opposing party’s objections
42 Fla. L. Weekly D1234aTop of Form Costs — Trial court erred in including in costs awarded to prevailing party the cost of digital video editing and fees for six experts — Plaintiff failed to show video editing was reasonably necessary to prosecute the action and failed to offer any testimony in support of request Read More »