40 Fla. L. Weekly D1687a Wrongful death — Nursing homes — Jury trial — Denial — Appeals — Certiorari — Order striking request for jury trial based on express waiver in nursing facility residency agreement is not reviewable by certiorari   TRICIA ANN WALTER, as Personal Representative of the Estate of Norine C. Walter, Petitioner, […]

25 Fla. L. Weekly Fed. D187a Insurance — Multi-peril crop insurance — Bad faith failure to settle claims for loss of cabbage crop — Presumption — Failure to respond to plaintiffs’ Civil Remedy Notice within sixty days — Insurer’s pre-suit exchange of information and presentation of evidence during arbitration proceedings with insured, which were ongoing […]

25 Fla. L. Weekly Fed. D178a Insurance — Uninsured motorist — Bad faith — Amendment of complaint — Futility — Where there has been no determination of liability and extent of damages owed, bad faith claim would be premature, and plaintiff’s motion for leave to file Second Amended Complaint is denied insofar as it purports […]

40 Fla. L. Weekly D1636a Judges — Disqualification — Reasonably prudent person would be in fear of not receiving fair and impartial review of pending post-trial motions based on hostility between judge and one of plaintiff’s attorneys, who had questioned judge’s suitability for appointment to federal bench, where, as plaintiff and her trial counsel approached […]

40 Fla. L. Weekly D1617b Workers’ compensation — Request for one-time change of physician — Right of selection — Timeliness of employer/carrier’s response — Where request for one-time change of physician was inserted on the second page of a post-petition document, a “notice of appearance” that appeared to have an entirely different purpose than physician […]