40 Fla. L. Weekly D2775aTop of Form Civil procedure — Dismissal — Error to deny motion to vacate dismissal entered upon counsel’s failure to appear at trial without conducting evidentiary hearing or considering appropriate factors set forth in Kozel v. Ostendorf — Excusable neglect — Motion stated colorful claim for relief where motion explained that […]
Articles
Appeals — Partial final judgments — Order adjudicating claim on promissory note is not appealable as a partial final judgment where issues and facts related to pending counterclaim and third-party claim are intertwined
40 Fla. L. Weekly D2785bTop of Form Appeals — Partial final judgments — Order adjudicating claim on promissory note is not appealable as a partial final judgment where issues and facts related to pending counterclaim and third-party claim are intertwined with claims and defenses raised in appeal of order adjudicating claim on promissory note — […]
Wrongful death — Evidence — Failure of defendant to receive a citation — Trial court erred in answering a juror’s question by informing jury that captain had not received a citation — Failure to receive a citation is not admissible in a negligence action
40 Fla. L. Weekly D2770b f FormWrongful death — Evidence — Failure of defendant to receive a citation — Action alleging that defendants’ tugboat captain moored tugboat and barge to a dock in a configuration that allegedly caused currents to suck decedent, who was operating a jet ski, under vessels and drown despite his use […]
Wrongful death — Medical malpractice — Evidence — Expert opinion
40 Fla. L. Weekly D2707aTop of Form Wrongful death — Medical malpractice — Evidence — Expert opinion — In ruling on motion for summary judgment, trial court erred in excluding expert testimony of emergency room physician regarding standard of care when emergency medical services personnel respond to a 911 call seeking help for an infant […]
Costs — Prevailing party — Trial court erred in awarding costs for “real-time” court reporting and overhead expenses in absence of clear findings supporting award of these costs
40 Fla. L. Weekly D2734bTop of Form Costs — Prevailing party — Trial court erred in awarding costs for “real-time” court reporting and overhead expenses in absence of clear findings supporting award of these costs — Trial court erred in awarding expert witness fees where opposing party specifically objected to setting expert witness fee without […]