40 Fla. L. Weekly D1071a Civil procedure — Default — Vacation — Excusable neglect — Torts — No abuse of discretion in denying defendants’ motion to set aside default entered after defendants failed to timely file responsive pleadings or request additional time for filing — Although defendant cited personal and family medical emergencies and […]
Articles
Premises Liability – Slip and Fall on Unidentified Liquid in Elevator on College Campus
40 Fla. L. Weekly D1060b Torts — Premises liability — Slip and fall on unidentified liquid in elevator on college campus — No error in finding that college, a state-owned institution of higher education where services are rendered for a fee, was a “business establishment” for purposes of statute requiring that a person who slips […]
Medical Malpractice – Limitation of Actions – Amended Complaint – Relation Back
40 Fla. L. Weekly D1035d Torts — Medical malpractice — Limitation of actions — Amended complaint — Relation back — Trial court erred in granting substituted defendant’s motion for summary judgment on ground that statute of limitations had run where mistake in naming proper defendant was merely a misnomer, all the parties knew which entity […]
Discovery – Deposition of Opposing Counsel
40 Fla. L. Weekly D999a Civil procedure — Discovery — Deposition of opposing counsel — Order compelling litigant’s in-house attorney, who is not the attorney of record but is directly involved in the litigation, to be deposed, is quashed because respondents failed to satisfy case law requirements for taking deposition of opposing counsel ELLER-I.T.O. […]
Uninsured Motorist – Discovery – Financial Information – Non-Party Medical Expert
40 Fla. L. Weekly D1014b Insurance — Uninsured motorist — Discovery — Financial information — Non-party medical expert retained by insurer to conduct compulsory medical examination — Trial court departed from essential requirements of law by allowing discovery of financial information that exceeded scope of discovery permitted by procedural rule without finding unusual or compelling […]
