45 Fla. L. Weekly D561f Torts — School boards — Negligent hiring, supervision, or retention of football coach — It appears that circuit court utilized erroneous legal standard when it granted school board’s motion for new trial based on allegedly improper comments or conduct during plaintiff’s counsel’s closing rebuttal argument — Effect of plaintiff’s actions […]
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Workers’ compensation — Permanent total disability — Jurisdiction — Judge of compensation claims erred in dismissing claim for permanent total disability benefits based on conclusion that she lacked jurisdiction — JCC had jurisdiction over case when first petition for benefits was filed because employer/carrier did not administratively accept claimant as PTD until a month later — E/c’s voluntary acceptance did not remove matter from JCC’s jurisdiction because JCC retained jurisdiction over costs, and because it was not clear whether claimant received benefits between the time e/c conceded claimant was entitled to such benefits and the date claimant lodged his claim
45 Fla. L. Weekly D569d Workers’ compensation — Permanent total disability — Jurisdiction — Judge of compensation claims erred in dismissing claim for permanent total disability benefits based on conclusion that she lacked jurisdiction — JCC had jurisdiction over case when first petition for benefits was filed because employer/carrier did not administratively accept claimant as […]
Paternity — Child support — Final judgment and income withholding order affirmed — Appeal of portion of judgment finding entitlement to attorney’s fees without determining amount dismissed
45 Fla. L. Weekly D567b Paternity — Child support — Final judgment and income withholding order affirmed — Appeal of portion of judgment finding entitlement to attorney’s fees without determining amount dismissed A.J.S., Appellant, v. E.D.E., Appellee. 2nd District. Case No. 2D18-1672. March 11, 2020. Appeal from the Circuit Court for Polk County; John Radabaugh, […]
Appeals — Certiorari — Dissolution of marriage — Marital settlement agreement by which wife agreed to allow husband’s lawyer to maintain a lis pendens on her home until husband’s attorney’s fees were paid — Wife’s petition for writ of certiorari to quash trial court’s order denying her post judgment motion to discharge lis pendens — Because only remedy available to appellate court on petition for writ of certiorari is to quash order denying motion to discharge lis pendens, granting of petition would be ineffectual because all that would do is leave lis pendens in place
45 Fla. L. Weekly D560b Appeals — Certiorari — Dissolution of marriage — Marital settlement agreement by which wife agreed to allow husband’s lawyer to maintain a lis pendens on her home until husband’s attorney’s fees were paid — Wife’s petition for writ of certiorari to quash trial court’s order denying her post judgment motion […]
Dissolution of marriage — Equitable distribution — Unequal distribution — Record was clear that trial court intended unequal distribution of assets and provided reasons for the unequal distribution — However, trial court failed to identify value of marital home, how proceeds of sale of home were to be apportioned, and how proceeds from sale of parties’ rental property were to be apportioned — Remand for trial court to place value on parties’ marital home, clearly identify apportionment of sale proceeds of marital home and rental property, should profit be realized, and explain how it reached those conclusions — Life insurance — Trial court abused its discretion in requiring husband to obtain life insurance naming former wife as beneficiary without requisite findings on husband’s insurability and ability to purchase a policy
45 Fla. L. Weekly D538a Dissolution of marriage — Equitable distribution — Unequal distribution — Record was clear that trial court intended unequal distribution of assets and provided reasons for the unequal distribution — However, trial court failed to identify value of marital home, how proceeds of sale of home were to be apportioned, and […]