45 Fla. L. Weekly D540b Torts — Negligence — Infliction of emotional distress — Funeral home — Loss of cremated remains of miscarried baby — Impact rule — Trial court did not err by granting summary judgment in favor of funeral home on ground that recovery was barred because parents suffered no physical impact or […]
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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 and counsel’s arguments should have been examined within framework established by Florida Supreme Court in Murphy v. International Robotic Sys., Inc., which required trial court to determine whether comments and conduct were improper, whether they caused harm of such nature that it reached into validity of trial itself to extent that verdict reached could not have been obtained but for comments and conduct, whether harm was incurable, and whether comments and conduct so damaged fairness of trial that public’s interest in system of justice required new trial — Trial court’s observations that motion was a “close call” and could have been decided by a “coin flip” indicate that trial court would not have found that plaintiff’s actions during lawyer’s closing rebuttal met high thresholds of three of Murphy elements — Remand with direction to reinstate verdict
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 […]
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 […]