39 Fla. L. Weekly D611a Criminal law — Evidence — Prior convictions — Where defense counsel brought out in cross-examination of law enforcement officer that defendant had made no admissions, door was opened for state to impeach defendant with his prior convictions — Trial court erred in allowing state to introduce certified copies of defendant’s […]
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Third DCA enforces contractual forum selection clause over inconvenience and financial prejudice objections
39 Fla. L. Weekly D596b Contracts — Venue — Trial court properly dismissed counterclaims relating to an investment agreement on basis of mandatory forum selection clause contained in agency investment agreement — Inconvenience and additional costs are insufficient reasons to refuse to enforce a mandatory forum selection clause THE ESTATE OF IDELLE STERN, etc., et […]
Abbey, Adams’ comments upon the new Standard Jury Instruction on Subsequent Injuries Caused by Medical Treatment
In response to the Supreme Court’s release of a new, Standard Jury Instruction on subsequent injuries caused by medical negligence, it should be noted that Abbey, Adams, Byelick & Mueller, L.L.P., took the position and submitted its comments to the Jury Instructions Committee that the language of the proposed instruction was an incomplete statement of […]
Supreme Court releases Standard Jury Instruction for use in cases involving subsequent injuries caused by medical treatment
39 Fla. L. Weekly S146a Standard Jury Instructions in Civil Cases — Amendment — Other contributing causes of damages — Subsequent injuries caused by medical treatment IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES — REPORT NO. 13-02. Supreme Court of Florida. Case No. SC13-1669. March 20, 2014. Original Proceedings — Supreme Court Committee on […]
Where issue of fact as to prejudice remains, remand for determination of prejudice is appropriate
39 Fla. L. Weekly D559b Insurance — Insured’s breach of policy provisions — Prejudice to insurer MARK HAMILTON, Appellant/Cross-Appellee, v. STATE FARM FLORIDA INSURANCE COMPANY, Appellee/Cross-Appellant. 5th District. Case No. 5D12-3733. Opinion filed March 14, 2014. Appeal from the Circuit Court for Citrus County, Patricia V. Thomas, Judge. Counsel: Raymond T. Elligett, Jr., of Buell […]