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Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

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Torts — Automobile accident — Discovery — Medical records — Appeals — Certiorari — Trial court departed from essential requirements of the law by ordering production of defendant’s medical records without inspecting the records in camera to prevent disclosure of information that is not relevant to the litigation — While some subset of records may be relevant to defendant’s mental capacity at the time of the accident and her current capacity to be deposed, requiring “any and all” records from three years prior through present casts too wide a net

46 Fla. L. Weekly D138a SALLY TANNER and TROPICAL MUSIC SERVICES, INC., Petitioners, v. DANIELLE HART, Respondent. 2nd District. Case No. 2D20-1470. Opinion filed January 8, 2021. Petition for Writ of Certiorari to the Circuit Court for Hillsborough County; Martha J. Cook, Judge. Counsel: Kansas R. Gooden of Boyd & Jenerette, P.A., Miami, and Kevin Read More »

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Insurance — Homeowners — Appraisal — Disinterested appraiser — Contingency-paid appraiser — Insured may not select president of public adjusting firm retained by insured as a disinterested appraiser — Public adjuster that has a contingency interest in an insured’s appraisal award or represents an insured in an appraisal process is not a “disinterested appraiser” under policy’s appraisal provision — Conflict certified

46 Fla. L. Weekly D85a STATE FARM FLORIDA INSURANCE COMPANY, Appellant, v. JON PARRISH, Appellee. 2nd District. Case No. 2D19-130. January 6, 2021. Appeal from Collier County; Frederick Hart, Judge. Counsel: Kara Rockenbach Link and Daniel M. Schwarz of Link & Rockenbach, P.A., West Palm Beach; and Robert A. Kingsford and Lynn S. Alfano of Read More »

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Insurance — Homeowners — Discovery — Work product privilege — Trial court departed from essential requirements of law in ordering disclosure of materials prepared and photographs taken by insurer’s adjuster

46 Fla. L. Weekly D168a AVATAR PROPERTY & CASUALTY INSURANCE COMPANY, Petitioner, v. GLADYS MITCHELL, Respondent. 3rd District. Case No. 3D20-1515. L.T. Case No. 18-34230. January 13, 2021. A Writ of Certiorari to the Circuit Court for Miami-Dade County, Alan S. Fine, Judge. Counsel: Butler, Weihmuller, Katz, Craig, LLP, and Curt L. Allen, Brian A. Read More »

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Insurance — Discovery — Personal financial records of non-party — Trial court departed from essential requirements of law in ordering insured’s appraiser to produce personal financial records which are irrelevant to proceedings

46 Fla. L. Weekly D160a SCOTT THOMAS, et al., Petitioners, v. STATE FARM FLORIDA INSURANCE COMPANY, Respondent. 3rd District. Case No. 3D20-1459. L.T. Case No. 18-30480. January 13, 2021. A Writ of Certiorari to the Circuit Court for Miami-Dade County, Abby Cynamon, Judge. Counsel: Agnant & Lambdin LLC, Keith J. Lambdin and Erik J. Willman Read More »

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Rules of Civil Procedure — Amendment — Summary judgment — Construction and application of Rule 1.510 in accordance with federal summary judgment standard articulated in Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986); and Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (1986)

46 Fla. L. Weekly S6a IN RE: AMENDMENTS TO FLORIDA RULE OF CIVIL PROCEDURE 1.510. Supreme Court of Florida. Case No. SC20-1490. December 31, 2020. Original Proceeding — Florida Rules of Civil Procedure. (PER CURIAM.) The Court, on its own motion, amends Florida Rule of Civil Procedure 1.510 (Summary Judgment).1 Effective May 1, 2021, the amended Read More »