40 Fla. L. Weekly D705a Torts — Legal malpractice — Arbitration — Jurisdiction — Where plaintiff served notice of voluntary dismissal of one of defendants after that defendant had filed motion to compel arbitration, trial court was without jurisdiction to order that defendant to proceed with arbitration — Notice of voluntary dismissal terminated trial court’s […]
Articles
Insurance – PIP – Coverage
40 Fla. L. Weekly D693b Insurance — Personal injury protection — Coverage — Policy language, which stated that reimbursements “shall” be subject to the limitations in section 627.736, including “all fee schedules,” was sufficient to give notice of insurer’s election to limit reimbursements by use of Medicare fee schedules ALLSTATE FIRE AND CASUALTY INSURANCE, […]
Products Liability – Bicycle Accident – Negligent Failure to Warn – Proximate Cause – Error to Deny Motion for Directed Verdict
40 Fla. L. Weekly D669a Torts — Product liability — Bicycle — Negligent failure to warn — Proximate cause — Injuries suffered when an object got caught in the front wheel of plaintiff’s bicycle, causing the wheel to suddenly stop when the object hit the front carbon fiber forks of the bicycle, resulting in plaintiff […]
Discovery – Financial Documents of a Non-Party
40 Fla. L. Weekly D668b Civil procedure — Discovery — Financial documents of non-party — Trial court does not necessarily depart from essential requirements of law by failing to conduct either an evidentiary hearing or an in camera review before ordering production of non-party’s financial documents — When a non-party objects to production of allegedly […]
Insurance – Sinkhole Claim – Appraisal – FIGA – Certified Questions to Florida Supreme Court
40 Fla. L. Weekly D661a Insurance — Homeowners — Sinkhole claim — Appraisal — Florida Insurance Guaranty Association — Trial court erred in entering order compelling appraisal — Method of repair is appropriate for resolution under policy’s appraisal process — Homeowners waived right to appraisal by engaging in litigation activities for an extended period before […]
