40 Fla. L. Weekly D1589d Torts — Attorney’s fees — Proposal for settlement — Proposal which clearly announced that it addressed any and all claims and causes of action resulting from accident giving rise to lawsuit brought by injured plaintiff against driver of vehicle and which included and described all relevant conditions of the proposal […]

40 Fla. L. Weekly D1579b Attorney’s fees — Absence of pleading — Exceptions — Trial court erred in concluding that defendant, who had not filed answer to complaint, had waived claim for attorney’s fees by failing to file “pleading” asserting entitlement to fees — Both exceptions to the pleading requirement were applicable in this case: […]

40 Fla. L. Weekly D1573f Attorney’s fees — Prevailing party — Voluntary dismissal — Where two of three counts against defendants were for amount defendants owed on note, with one of the counts seeking foreclosure, and plaintiff voluntarily dismissed suit after defendants paid the majority of what was owed, trial court erred in awarding prevailing […]

40 Fla. L. Weekly D1564c Workers’ compensation — Compensable accidents — Correctional officers — Heart condition — Presumption of occupational causation — Judge of compensation claims erred in applying section 112.18(1)(b)4., Florida Statutes, to deny presumption to correctional officer who did not file any petition within 180 days after leaving employment where claimant’s date of […]

40 Fla. L. Weekly D1559c Torts — Collision between motor vehicle and motorcycle — Vicarious liability of vehicle owner — Damages — Limitation — Where permissive user of vehicle who was liable for accident had insurance with limits less than $500,000 combined property damage and bodily injury liability, owner’s liability was limited by statute to […]