47 Fla. L. Weekly D2592c AIR QUALITY EXPERTS CORPORATION, (a/a/o Brian and Tricia Gerard), Appellant, v. FAMILY SECURITY INSURANCE COMPANY, Appellee. 4th District. Case No. 4D21-2516. December 7, 2022. Appeal from the County Court for the Fifteenth Judicial Circuit, Palm Beach County; John J. Parnofiello, Judge; L.T. Case No. 50-2020-SC-020899-XXXX-MB. Counsel: Yasmin Gilinsky, Christopher Tuccitto […]
Articles
Civil procedure — Dismissal with prejudice — Trial court erred in dismissing with prejudice an action for declaratory and injunctive relief after concluding that statute of limitations had run and could not be remedied by amendment — Plaintiff was entitled to amend pleading once as matter of course at any time before responsive pleading was served — Motion to dismiss does not qualify as a “responsive pleading”
47 Fla. L. Weekly D2478a JOSEPH McCLASH, Appellant, v. RANDY P. URSCHEL AND SUSAN A. URSCHEL, Appellees. 2nd District. Case No. 2D21-2147. November 30, 2022. Appeal from the Circuit Court for Manatee County; Charles Sniffen, Judge. Counsel: Joseph McClash, pro se. Brandon S. Vesely of The Florida Appellate Firm, P.A., St. Petersburg, for Appellees. (KELLY, […]
Insurance — Personal injury protection — Medical expenses — Reimbursement — Laser therapy — No error in entering order requiring insurer to reimburse provider for low-level laser therapy where reimbursement was initally denied because the CPT code billed by provider was not specifically recognized by Medicare Part B or workers’ compensation fee schedules — The nature of the service, not the billed CPT code, controls — Subject therapy was a covered service which insurer was required to reimburse where provider provided evidence that treatment with unlisted modalities was a covered service under the fee schedules, and that laser therapy was such an unlisted modality
47 Fla. L. Weekly D2490a UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. CHIRONEX ENTERPRISES, INC., a/a/o EMILY ECHEGARAY, Appellee. 4th District. Case No. 4D21-2307. November 30, 2022. Appeal from the County Court for the Seventeenth Judicial Circuit, Broward County; John Hurley, Judge; L.T. Case No. CONO20-015892. Counsel: Sean M. Sweeney, Miami, for appellant. Chad A. Barr […]
Torts — Premises liability — Slip and fall — Evidence — Impeachment — Impeachment of plaintiff with unsworn pre-trial discovery responses concerning plaintiff’s financial records
47 Fla. L. Weekly D2515a DANIEL KELLENBERGER, Appellant, v. WAL-MART STORES EAST, LP, a Foreign Limited Partnership, Appellee. 1st District. Case No. 1D21-2368. November 30, 2022. On appeal from the Circuit Court for Baker County. Gloria R. Walker, Judge. Counsel: E. Aaron Sprague, Chelsea R. Harris, Dana A. Jacobs, and Fraz Ahmed of Coker Law, […]
Attorney’s fees — Sanctions — Denial — Appeals — Order denying motion for sanctions pursuant to section 57.105 is reversed where trial court failed to make any factual findings — Although a denial of a motion pursuant to section 57.105 does not require the specific findings dictated by the statute when granting a motion, the failure to make any findings prohibits meaningful appellate review
47 Fla. L. Weekly D2560a VAN SANT LAW, LLC, Appellant, v. AIR ISAAC, LLC, Appellee. 2nd District. Case No. 2D21-3714. December 2, 2022. Appeal from the Circuit Court for Pinellas County; George M. Jirotka, Judge. Counsel: David L. Luck of Lewis, Brisbois, Bisgaard & Smith, LLP, Coral Gables, for Appellant. Steven Scott Stephens and John […]