Torts - Supreme Court Refused To Determine If Cause Of Action Exists For Negligent Interference With Parental Rights - Matter Of First Impression - Supreme Court Refused To Determine If Such Cause Of Action Would Be Subject To Medical Malpractice Pre-Suit Requirements Under F.S. § 766.106

Attorney's Fees - Insured's Action Against Insurer - Goal Of F.S. § 627.428(1) Is To Award Attorney's Fees And Costs In Order To Place Insured In The Same Place It Would Have Been Had Insurer Seasonably Paid Claim Without Causing Unneeded Litigation

Civil Procedure - Sanction Of Dismissing Complaint With Prejudice Based Upon Failure To Comply With Discovery Requests And/Or Discovery Orders Must Be Predicated Upon Express Findings Demonstrating Deliberate Disregard

Medical Malpractice - Express Authorization - Plaintiff's Production Of Psychiatric Records Acted As Waiver To Objection To Deposition Of Treating Psychiatrist's Depo

Torts - Negligence - School Board Breached Its Duty Of Care By Failing To Give Sufficient Warning And Instruction To Substitute Teacher Regarding Student's History Of Aggressive Behavior - Mortality Tables Admissible Upon Showing There Is Reasonable Probability Permanent Injury Exists As Proximate Result Of Accident

Civil Procedure - Error To Strike Pleadings For Discovery Violations Without Conducting Evidentiary Hearing

Torts - Discovery - Work Product - Report Produced By Teacher And Notes And Memorandum Prepared By School's Principal Regarding Incident Protected By Work Product Doctrine

Attorney's Fees - Offer Of Judgment - Proposal For Settlement Struck On Ground That Release Terms Required By Proposal Ambiguous And Not Stated With Sufficient Particularity

Civil Procedure - Discovery - Former Agency Head Should Not Be Compelled To Testify Unless It Can Be Established Testimony Elicited Is Necessary, Relevant And Unavailable From Other Sources

Sovereign Immunity - Doe Had Common Law Duty To Protect Minor Student From Sexual Abuse By Teacher - Error To Grant Doe’S Motion To Dismiss

Torts - New Trial - Damages - Where Jury Verdict Found No Injury To Plaintiff, But Evidence Of Orthopedic And Soft Tissue Injury Uncontroverted, Error To Order New Trial As To All Claimed Injuries But Should Be Limited To Damages Related To Plaintiff’S Orthopedic And Soft Tissue Injuries Only

Civil Procedure - Dismissal - Error To Dismiss Action Because Plaintiff Filed Unilateral Pretrial Statement After Defendant Refused To Agree To Proffered Joint Pretrial Statement - Plaintiff’S Failure To Comply With Pretrial Order Not Willful

Torts - Automobile Accident - Summary Judgment - Court Properly Granted Summary Judgment For Defendant Where No Competent Evidence Defendant Was Negligent - Testimony Of Passenger That Defendant Must Have Been Speeding Based On Crash Damage To Plaintiff’S Vehicle Not Competent Evidence Because Passenger Not Qualified As Expert - Court Did Not Abuse Discretion In Denying Motion For Continuance Of Summary Judgment Hearing When Plaintiff Did Not Produce Expert Affidavit To Counter Evidence Of Non-Negligence Presented By Defendant

Civil Procedure - Vacation Of Judgment - Where Party Did Not Receive Copy Of Judgment In Time To Appeal It, Court Required To Grant Motion To Vacate Under Rule 1.540(B) And Enter New Order

Civil Procedure - Dismissal With Prejudice - Failureto Comply With Court Order Compelling Discovery - Abuseof Discretion Where No Showing Of Willfulness And Court Did Not Consider Whether Lesser Sanction Might Have Been Sufficient

Insurance - Uninsured Motorist - Stacking - Where Insured Signed An Approved Um Motorist Coverage Rejection/Selection Form And Placed Check Mark In Box Indicating Rejection Of Stacking Form Of Coverage And Selection Of Non-Stacking Form Of Coverage, Trial Court Erred In Finding Stacking Available Because Of Patent Ambiguity - Insurer Entitled To Rely Upon Insurer's Signature On Form As Conclusive Presumption Of Insured's Knowing And Voluntary Waiver Of Stacking Um Coverage

New Trial - No Abuse Of Discretion In Granting Plaintiff's Motion For New Trial - Error To Enter Summary Judgment On Issue Of Agency Relationship

Pip - Company Which Owns Portable Diagnostic Testing Equipment And Takes Its Equipment To Offices Of Health Care Providers To Perform Diagnostic Tests On Patients Is Not A "Clinic" Required To Register Under F.S. § 456.0375

Contracts - Error To Enter Summary Judgment Where Certain Provisions In Parties' Contract Are Disputed And Reasonably Susceptible To More Than One Construction

Contracts - Covenant Not To Compete -Injunction - Life Insurance Agent Properly Found To Be In Violation Of Agreement In Which He Agreed Not To Solicit Former Employer's Customers

Wrongful Death - Trial Court Erred In Requiring Funeral Expenses Be Paid From Survivors' Wrongful Death Recovery - Estate Debts Cannot Be Recovered From Wrongful Death Proceeds Recovered For Survivors

Civil Procedure - New Trial - Motion For New Trial Which Was Served Within Ten Days After Final Judgment Timely Under Rule 1.530(B) Although Original Not Filed With Court

Arbitration - Following Non-Binding Arbitration Where No Request Made For Trial, Court Required To Enter Judgment On Award - Mandamus Available Remedy To Direct Entry Of Judgment Pursuant To Non-Binding Arbitration Statute

Torts - Federal Preemption - State Court Action Preempted By Federal Insecticide, Fungicide And Rodenticide Act

Medical Malpractice - Insurance Coverage - Where Policy Provided Coverage For Only One Named Physician And Her Professional Association, Which Was Additional Insured, Trial Court Properly Found No Coverage For P.A. For Malpractice Claim Against Another Physician Employed By P.A. - Trial Court Erred In Denying Professional Association's Motion To Amend Pleadings To Include Claim That Insurer Estopped From Denying Coverage

Civil Procedure - Dismissal Of Complaint With Prejudice - Sanctions Other Than Dismissal More Appropriate In Situations In Which Attorney, And Not Client, Is Responsible

Injunctions - Error To Enter Temporary Injunction Without Making Requisite Findings

Medical Malpractice - Concurring Cause - Jury Instruction - "But For" Language Of Instruction On Legal Cause May Have Confused Or Misled Jury - New Trial Warranted

Medical Malpractice - Extension Of Statute Of Limitations - Trial Court Erred In Dismissing Plaintiff's Second Amended Complaint Which Sufficiently Pled Allegations Of Defendant's Fraud And Concealment Of Injury Sustained By Plaintiff During Operation

Medical Malpractice - Nica - Administrative Law Judge Has No Authority To Determine Issues Of Notice In Determining Whether Injury Compensable Under Nica - Administrative Law Judge's Responsibility Is To Determine Whether Injury Is Birth-Related Neurological Injury And Whether Delivery Performed By Participating Physician

Jurisdiction - Non-Residents - Florida Long-Arm Statute

Standard Jury Instructions - Civil Cases - Amendments - Product Liability - Strict Liability - Manufacturing Defect

Wrongful Death - Drowning - Sudden Drop-Off In Man-Made Lake Is Characteristic Of Conditions Existing In Natural Lakes And Not Dangerous Condition Constituting Trap - Homeowners Association's Superior Knowledge Of Steep Drop By Virtue Of Prior Litigation Did Not Give Rise To Duty To Warn As Sharp Change In Water's Depth Did Not Constitute Concealed Dangerous Condition - No Error In Dismissing Wrongful Death Claim

Torts - Electric Utilities - Utility's Alleged Negligent Inspection, Repair And/Or Maintenance Of Non-Operative Street Light Near Metered Parking Spaces Caused Trip And Fall Due To Inadequate Lighting - Whether Failure Increased Risk Of Harm To Plaintiff Amounted To Genuine Issue Of Material Fact - Summary Judgment In Favor Of Utility Improper

Torts - Premises Liability - Counsel - Disqualification - Fact That Legal Secretary Who Was Formerly Employed With Plaintiff Counsel's Law Firm Subsequently Worked Part-Time For Defense Counsel's Law Firm As Independent Contractor In Non-Legal Capacity Did Not Require Disqualification Of Defense Counsel - Such Brief Employment Represented Exception To Rule In Koulisis V. Rivers That Law Firm Whose Disqualification Is Sought Demonstrate By Greater Weight Of Evidence Secretary Had No Actual Knowledge Of Any Confidential Information Material To Case

Appeals - Discovery Order - Order Striking Defenses Is Non-Final, Non-Appealable Order

Torts - Where Plaintiff Was Injured On Defendant Retailer's Premises When Struck By Stack Of Falling Garden Hoses And Subsequently Injured In Car Accident Where Driver Of Other Car Was Uninsured Motorist - Plaintiff's Uninsured Motorist Carrier Became Defendant In Suit Plaintiff Had Already Brought Against Retailer - Identifying Insurer As Party Defendant Who Was Insurer And Liable For Tortfeasor's Negligence Did Not Adequately Apprise Jury Of Insurer's Specific Party Status - New Trial Required

Civil Procedure - Costs - Error To Tax Expert Witness Fee When Witness Did Not Testify At Trial And Deposition Was Not Used At Trial

Attorney-Client Privilege - Discovery - Depositions - Record Failed To Show Trial Court Departed From Essential Requirements Of Law By Requiring Plaintiff's Parents To Answer Questions At Depositions And Requiring Disclosure Of Video Tapes Parents Viewed In Preparing For Depositions - Premature To Consider Extent Of Plaintiff's Parents' Right To Assert Attorney-Client Privilege Prior To Evidentiary Hearing On Whether Video Tapes Viewed By Parents Protected By Work Product Privilege

Attorney's Fees - Offer Of Judgment - Law Of Case - Trial Court's Award Of Attorney's Fees Under Offer Of Judgment Statute Reversed Where Plaintiffs Made Offer Of Settlement Which Did Not Differentiate Between Amount Applicable To Personal Injury Claim And Amount Applicable To Loss Of Consortium Claim - Such Apportionment Must Be Made Pursuant To Florida Supreme Court's Determination

Attorney's Fees - Findings - Error To Award Attorney's Fees Without Setting Forth Findings Explaining How Court Arrived At Amount Of Fees Awarded

Medical Malpractice - Damages - Setoff - Defendant Entitled To Set Off Against Economic Damages Portion Of Award Against One Tortfeasor In Medical Malpractice Action The Economic Damages Portion Of Any Settlement Recovered From Settling Tortfeasor For Same Incident Even Though Settling Tortfeasor Not On Verdict Form

Medical Malpractice - Wrongful Death - Presuit Screening Requirements - Corroborating Medical Opinion - Nurse May Provide Expert Opinion Regarding "Causation" During Presuit

Torts - Automobile Accident - Venue - State Agency - Home Venue Privilege - Joint Tortfeasor Exception To Common Law Home Venue Privilege Established In Board Of County Commissioners Of Madison County V. Grice Applies To Statutory Home Venue Privilege - Grice Considerations Of "Justice, Fairness And Convenience" Applied To F.S. ' 24.110

Summary Judgement Appropriate In Retaliatory Discharge Claim on Ground Employee Did Not Make Valid Claims for either Workers' Compensation or Attemp to Claim Compensation

Duty Owed to Third Parties By Electric Utility Owner - Summary Judgment Improper

Damages - When Provider Charges for Medical Service or Products and Later Accepts Lesser Sum in Full Satisfaction by Medicare, Original Charge Becomes Irrelevant

Medical Malpractice - Trial Court Properly Concluded that Letter Sent to Defendant by Plaintiff's Former Attorney Constituted Notice of Intent to Initiate and Thus Statute of Limitations Expired at Time Complaint Filed

Non-Final Orders - Order Not Final Where Related Substantive Counts Remain Pending

Non-Final Order - Order Which Reserved Jurisdiction to Determine Collateral Source Set-Offs Non-Final

Dismissal for Failure to Prosecute

Court Erred In Awarding Defendant Attorney's Fees Pursuant to Offer of Judgment Statute

Offer of Judgment - Order Finding Entitlement of Fees But Not Setting Amount is Nonfinal and Nonappealable

Medical Malpractice - Failure To Prosecute - Order Allowing Out Of State Attorney To Appear Pro Hoc Vice Not Record Activity So As To Present Dismissal - Question Certified

Civil Procedure - New Trial - Trial Court Abused Discretion In Determining Verdict Against Manifest Weight Of Evidence And Granting New Trial

Administrative Law - Board Of Medicine - Error To Revoke License Without Affording Licensee Formal Hearing

Figa Liability For Attorney's Fees And Costs Incurred By Insured As Result Of Insurer's Breach Of Contract In Refusing To Defend Insured In Underlying Action - Error To Award Insured Attorney's Fees And Costs Against Figa As Damages For Breach Of Contract Where Awards Do Not Qualify As "Covered Claims"

Injunctions - Error To Enter Temporary Injunction Without Addressing Four Criteria For Issuance Of Injunction And Setting Forth Factual Findings

Consumer Law - Jurisdiction - Corporate Shield Doctrine - Error To Dismiss Action Against Defendants Who Were Primary Instigators Of Energy Surcharge On Grounds Court Without Personal Jurisdiction

Attorney's Fees - Although Trial Court Had Inherent Authority To Assess Attorney's Fees Based Upon Bad Faith Litigation, It Was Error To Make Award Absent Expert Witness Testimony As To Reasonableness Of Fees And Without Determining Reasonable Hourly Rate And Reasonable Number Of Hours Attributable To Bad Faith Activity

Damages - Defendant Entitled To Have Past Medical Expenses Awarded By Jury Reduced By Difference Between Amounts Charged By Provider And Amounts Actually Paid To Provider - Verdicts - Claim That Verdict Coerced By Improper Allen Charge Not Preserved For Review As Defendant Failed To Make Contemporaneous Objection To Court's Instruction To Jury To Return To Deliberate

Default - Excusable Neglect - Trial Court Abused Discretion In Denying Motion To Vacate Default Based Upon Failure To Answer Summons And Complaint

Medical Malpractice - Set-Offs For Prior Settlements - Apportionment Of Fault Pursuant To F.S. § 786.81 Not Appicable To Cases Of Pure Vicarious Or Derivative Liability - Non-Settling Defendant Entitled To Dollar For Dollar Set-Off For Settlement Paid By Derivatively Liable Co-Defendant - Claim Against Hmo For Negligently Credentialing Physician Is One Of Derivative Liability - Hmo And Physician Cannot Be Joint Tortfeasors

Civil Procedure - Waiver - Defendants Waived Right To Arbitrate Any Objection To Venue Where Defendants' Motion To Dismiss And Answer To Complaint Did Not Allege Contractual Right To Arbitrate Or Incorrect Venue

Civil Procedure - Abatement Of Action - When Trial Court Becomes Aware Of Defendant's Incompetency, Action Before Trial Court Should Be Abated Until Guardian Is Substituted For Party - Failure To Do So Nullifies Subsequent Proceedings - Case Remanded For Further Proceedings To Include Appointment Of Attorney Ad Litem

Vicarious Liability - Dangerous Instrumentality Doctrine Applies When Operator Of Motor Vehicle Involved In Intentional Misconduct Unless Operator Makes Weapon-Like Use Of Vehicle With Intent To Cause Physical Harm - Summary Judgment In Favor Of Owner Of Vehicle Improper Where Operator's Intent In Following And Then Chasing Decedent's Vehicle Unclear

Offer Of Judgment - Attorney's Fees - Amendment To Rule 1.442 Providing For Attorney's Fees Following Offer Of Judgment Does Not Apply Retroactively - Trial Court Correct In Awarding Attorney's Fees Pursuant To Offer Of Judgment After Plaintiff Failed To Respond Within 30 Days

Sovereign Immunity - Complaint Properly Dismissed On Sovereign Immunity Grounds As Actions Involved Discretionary/Operational Level Activities

Proximate Cause - Reasonable Person Cannot Conclude That Officer's Failure To Talk With Husband Was Proximate Cause Of Plaintiff's Injury When She Was Shot By Husband - Error For Trial Court To Deny City's Motions For Directed Verdict And Judgment Notwithstanding Verdict

Medical Malpractice - Administrative Law - Birth-Related Neurological Injury Compensation Plan - Mere Fact Child Will Require Substantial Accommodation In Order To Translate Normal Cognitive Capabilities Into Learning Does Not, As Matter Of Law, Constitute "Mental Impairment" Within Meaning Of Nica - Competent Substantial Evidence Supported Administrative Law Judge's Finding That Infant Not Subject To Compensation Under Plan Because She Was Not Permanently And Substantially "Mentally Impaired" Within Meaning Of Law

Senate Bill 2-D - Health Care Providers With Suits For Medical Malpractice and Malpractice Insurance Carriers

Attorney's Fees - F.S. § 57.105 - Award Of Attorney's Fees To Defendant Reversed

Pip - F.S. § 627.736(1)(A) Does Not Provide For Payment Of Automobile Travel Expenses For Travel To And From Medical Providers - Conflict Certified

Civil Procedure - Dismissal For Failure To Prosecute - Transfer Of Lien Does Not Constitute Record Activity

Corporations - Piercing Corporate Veil - Trial Court Improperly Pierced Corporate Veil To Find Shareholder Personally Liable For Judgment Against Corporation

Legal Malpractice - Directed Verdict Reversed Where Conflicts In Evidence Exist

Civil Procedure - Cost Judgment Reversed In Light Of Reversal Of Underlying Judgment

Medical Malpractice - Extension Of Statute Of Limitations Pursuant To F.S. § 766.104(2) - 90-Day Extension Of Statute Of Limitations Is Applied To End Of Limitations Period

Awards - Collateral Source Setoff Pursuant To F.S. § 768.76 - Award For Past Lost Earning Ability Should Have Been Reduced By Amount Of Social Security Disability Payments Received As Result Of Accidental Injuries

F.S. § 57.105 Attorney's Fees - Waiver Of Ability To Obtain Fee Award Jointly From Party's Attorney - Statute May Create Conflict Of Interest Between Client And Attorney

Fraud In Inducement And Negligent Misrepresentation - Summary Judgment Precluded Where Material Issue Of Fact Existed As To Whether Statement Constituted Misrepresentation - Economic Loss Rule Does Not Bar Action Based Upon Fraud In Inducement - Waiver Of Right To Bring Tort Claim Set Forth In Contract Inapplicable Where There Is Fraud In Inducement

Venue For Um Claim Proper In Martin County Where Accident Involving Underinsured Tortfeasor Occurred

Certiorari Review Of Discovery Orders - Compliance With Discovery Order And Failure To Appeal That Order Constituted Waiver Of Ability To Seek Certiorari Review - Order Compelling Discovery Of Item Departed From Essential Requirements Of Law Even Though Item Had Been Produced To Other Parties In Case

Torts - Rear-End Collision - Additur Inappropriate Where Jury's Award Of Past Medical Expenses Consistent With Sharply Conflicting Evidence Regarding Nature And Extent Of Plaintiff's Injuries - Plaintiff Entitled To Directed Verdict On Liability Where Defendant Failed To Rebut Presumption Of Negligence That Arises In Rear-End Collisions

Agency Relationship - Franchises - Summary Judgment For Franchisor Reversed - Franchise Agreement Created Issue Of Material Fact As To Whether Franchisor Exercised Sufficient Control Over Franchisee To Make Franchisee Actual Agent Of Franchisor

Nursing Homes - Arbitration Clause In Contract Unenforceable - Where Arbitration Clause Calls For Arbitration To Take Place In Foreign Jurisdiction, Florida Courts Cannot Compel Arbitration Where One Party Objects

Verdict Inconsistent Where It Found Liability For Breach Of Contract, But Awarded No Damages - Inconsistent Verdict Required New Trial On All Issues, Not Just On Damages

Verdicts - Two Issue Rule - Claims Of Error As To Particular Liability Theory Could Not Be Basis For Reversal Where Other Legal Theories Of Liability Were Presented To Jury That May Have Been Basis For Its Verdict

Wrongful Discharge - Summary Judgment For Employer Improper - Issue Of Material Fact Existed As To Whether Termination Of Employee Was Due To Retaliation For Filing Workers' Compensation Claim Or Due To Employee's Violation Of Administrative Rule

Civil Procedure - Discovery - Defendant Entitled To Production Of Photographs Of Accident Scene, Even Though Photographs Protected By Work Product Privilege Where Defendant Unable To Obtain Substantial Equivalent By Other Means

Civil Rights - 42 U.S.C. § 1983 - Police Officer Entitled To Summary Judgment On § 1983 Claim - Police Officer Had Qualified Immunity Because He Had Probable Cause To Arrest Plaintiff

Attorney's Fees - Circuit Court Has No Authority To Award Appellate Attorney's Fees Without Authorization From Appellate Court

Summary Judgment For Company Retained By Insurer To Inspect Insured Property To Verify Coverage And Insurability Of Property Reversed - Defendant Had Negligently Inspected Wrong Property And Failed To Report That Insured Premises Included A Night Club Which Would Have Been A Prohibited Risk - Issue Of Material Fact As To Whether Property Owner Intentionally Misrepresented Presence Of Night Club On Property And Whether Insurer Relied Upon Defendant's Inspection Report In Issuing Policy

Senate Bill 32-A - Automobile Insurance Issues

Genuine Issues Of Material Fact Preclude Summary Judgment

Cause Of Action For Conversion Arose In Ohio - Allegation That Florida Resident Suffered Injury Insufficient To Establish Jurisdiction In Florida Court

Dismissal For Failure To Timely Move For Substitution Of Party Upon Death Of Litigant Pursuant To Rule 1.260(a)(1) Should Be Without Prejudice

Court Erred In Directing Third Party Defendant To Bear His Own Attorney's Fees And Costs Under Terms Of Stipulation Which Third Party Defendant Had Not Entered - Challenge To Validity Of Offer Of Judgment Can Not Be Addressed On Appeal Until Ruled Upon By Trial Court

Petition For Writ Of Certiorari Dismissed As Plaintiff Did Not Establish Irreparable Harm

Hospital Vicariously Liable For Conceded Negligence Of Contracting Perrfusionist Which Caused Injury To Child - Hospital Undertook To Provide Perfusionist's Services WheN It Agreed To Provide Hospital Care And Medical Treatment - Contract Created Non-Delegable Duty Which Hospital Could Not Extinguish By Subcontract

Error To Grant Summary Judgment When Genuine Issues Of Material Fact Exist

Trial Court Finding Regarding Result Obtained By Counsel Not Supported By Evidence

New Trial On Damages Required When Trial Court Failed To Utilize Itemized Verdict Form Requested By Party

Bad Fatih Settlement Of Claims - Question Certified

Order Finding Entitlement To Attorney's Fees But Not Fixing Amount Not Appealable

Standard Jury Instructions - Bad Faith Claims

Trial Court Exceeeded Jurisdiction In Freezing Assets In Purported Trust Account Without Basis In Pleadings Or Evidence

Loss Of Profits Must Be Shown With Reasonable Certainty

Exclusions For Bodily Injury Arising Out Of Auto Owned Or Operated By Or On Behalf Of Insured While Off Airport - Insurer Had No Duty To Defend Airport Authority In Wrongful Death Action Brought Against It By Estate Of Individual Who Landed At Airport, Hired Car Operated By Shuttle Service With Facility In Airport Terminal And Driven By Shuttle Service Employee - Death Off Airport Premises Collision - Shuttle Service And Employees Not Apparent Agents Of Airport Authority

Contract Between Insured And Attorney In Which Attorney Technically Entitled To Recover Fee Up To $200 Per Hour From Client, Win Or Lose, But Agreed To Accept "Reasonable Fee Awarded By The Court" Not Contingent Fee Arrangement

Risk Multiplier May Not Be Applied To An Attorney's Fee Award Based On Unaccepted Proposal For Settlement - Conflict Certified

No Error In Reducing Jury Verdict For Past Medical Expenses To Amount Plaintiff's Medical Providers Had Agreed To Accept Under Their Contract With Plaintiff's HMO - No Error In Excluding Evidence Of Contractual Discounts - Conflict Certified

Plaintiff Not Precluded From Bringing Direct Action Against Nursing Home When Court Invalidated Earlier Assignment Of His Rights Against Nursing Home To Third Party

Alleged "Special Burden" Resulting From Pattern Of Harassment Litigation To Coerce Petitioner To Settle Not Irreparable Harm Which Would Justify Certiorari Review

Inconsistency In Witness' Testimony Or Contradictory Evidence Does Not Necessarily Mean Evidence Lacks Support And Warrants F.S. § 57.105 Attorney's Fees

No Error In Finding Insurer Required To Pay PIP Benefits At Rate Of 80% Of Usual, Customary And Related Charges, As Mandated By Statute, Rather Than At PPO Rates Where Insurer Failed To Comply With F.S. § 627.736(10)

Wrongful Death - Sovereign Immunity - Error To Dismiss Action Based Upon Workers' Compensation Immunity Where Complaint Did Not Conclusively Demonstrate Immunity Applicable

Torts - Contractors - Summary Judgment Error Where Unresolved Factual Issue As To Whether Digging Of Hole Contemplated Within Work To Be Performed And Before Allowing Opportunity For Meaningful Discovery

Homeowners Insurance - Appraisal - Request For Appraisal Premature Absent Determination That Coverage Exists Under Policy - Court's Denial Of Appraisal Does Not Preclude Insured From Filing Suit On Policy

Torts - Automobile Accident - Dangerous Instrumentality Doctrine - Lease Vehicles - F.S. § 324.021(9)(B)(2)(1999) Which Limits Liability Of Short Term Lessors Of Motor Vehicles Is Constitutional

Contracts - Civil Procedure - Summary Judgment On Counterclaim - Trial Court Erred In Allowing Execution To Issue On Judgment On Counterclaim When Original Claim Remains Pending - Error To Grant Partial Summary Judgment On Counterclaim For Indebtedness When Factual Issues Remain As To Affirmative Defense Of Fraud

Discovery - Work Product - Non-Final Orders Permitting Discovery May Be Reviewed By Writ Of Certiorari - Bare Assertions By Counsel Inadequate To Show Need And Undue Hardship Required For Production Of Work Product Documents

Contracts - Indemnity - Summary Judgment For Port Authority On Indemnity Claim Improper When Indemnity Provision Excepted From Indemnity Requirement Claims

Administrative Law - Insurance - Department Of Insurance Erred In Rejecting Administrative Florida Law Weekly Law Judge's Factual Determination That Department Failed To Prove Violations Of Statutory Provisions Under Which Out-Of-State Group Health Insurance Provider Charged, And In Finding Insurer Guilty Of Violations Of Insurance Code

Appeal Premature Where Based On "Order" Granting Motion To Dismiss, Not "Judgment" Of Dismissal

Automobile Accident - Discovery - Psychotherapist-Patient Privilege - Plaintiff Not Relying Upon Mental Condition As Element Of His Claim - Error To Compel Discovery Of Plaintiff's Psychotherapy Records From Hospital On Ground They Were Relevant To Plaintiff's Non-Mental Physical Condition

Arbitration - Confirmation Of Award - Error To Strike Provision From Final Judgment Confirming Arbitration Award When Provision Included In Stipulated Award Approved By Arbitration Panel, And None Of Parties Moved To Vacate, Modify Or Clarify Award

Wrongful Death - Deputy Sheriffs - Qualified Immunity - Wanton And Willful Conduct - Complaint Alleged Sufficient Facts From Which Jury Could Conclude Deputy Acted With Willful And Wanton Negligence - Deputy Not Entitled To Qualified Immunity

Discovery - Privilege - Work Product - Witness Statements - Error To Order Discovery Of Recorded Statement Without In-Camera Inspection Or Additional Findings - Facts Underlying Dispute And Conduct Of Litigation Suggest Travel To Europe To Depose Witness Would Not Be "Undue Hardship" On Basis Of Cost

Torts - Defamation - Libel - Non-Residents - Tortious Act In State - Plaintiff Not Required To Prove Jurisdictional Basis By Affidavit As Defendant Did Not Deny He Knew Interviewer Was Writing Story To Be Published

Pip - Injured Claimant In Rental Car Not Entitled To Benefits Under Insured's Personal Vehicle's Pip Coverage

Civil Procedure - Default - Contracts - Leases - Error To Award Damages Without Evidentiary Hearing Where Damages Not Liquidated

Appeals - Florida Supreme Court Has Jurisdiction To Review Only Per Curium Decisions Of District Court Of Appeal Which Cites Case Pending On Review In Supreme Court, Statute Or Rule Of Procedure And Which Includes Discussion Of Facts Evidencing Dca Had Expressly Addressed Question Of Law Within Four Corners Of Its Opinion

Product Liability - Settlement Agreement - Trial Court Committed Reversible Error By Failing To Interpret Settlement Agreement According To Its Plain Meaning

Wrongful Death - Automobile Accident - Trial Court Erred In Granting Summary Judgment To Defendant Drug Treatment Center That Gave Methadone To Patient That Subsequently Struck And Killed Two People In Car Accident Since Factual Question Presented As To Whether Patient Appeared Impaired At Time Methadone Administered

Automobile Accident - Immunity - Volunteer Protection Act - Error To Grant Summary Judgment In Favor Of Defendant, Who Was Volunteer Member Of Citizen Observer Patrol, When Questions Of Fact Remained About Whether Defendant Acted As Ordinary Reasonably Prudent Person

Insurance - Automobile - Stolen Vehicle - Assistance And Cooperation By Insured - Trial Court Erred By Granting Judgment For Insurer When Insured Cooperated To Some Degree By Providing Some, But Not All, Documents Requested By Insurer - Issue Of Whether There Has Been Material Breach Of Insurance Contract Is One For Jury, Not Trial Judge

Jurisdiction - Circuit Court - Amount In Controversy - Trial Court Correctly Concluded That Total Amount Of Damages Plaintiff Claimed In Good Faith In Action For Conversion And Civil Theft Fell Below Statutory Minimum To Invoke Jurisdiction - Trial Court Erred In Dismissing Action As Opposed To Transferring Action To County Court

Appeals - Non-Final Orders - Appeal Dismissed For Lack Of Jurisdiction When Appealed Order Dismissing Appellant's Complaint Without Prejudice To Its Right To File An Amended Complaint Did Not End Judicial Labor Effectuating Termination Of Cause

Civil Procedure - Transfer Of Action - Trial Court Did Not Have Authority Under Rule 1.060(C) To Dismiss Action For Failure To Pay Transfer Fee When Attorney Became Aware Of Problem Only Few Days After 30-Day Period Provided In Rule

Medical Malpractice - Trial Court Erred In Entering Summary Judgment For Defendant Health Maintenance Organization In Medical Malpractice Action On Ground Negligent Physician Was Not Acting As Agent Of Defendant When Record Supports Inference Of Control Sufficient To Present Jury Question On Issue Of Agency

Insurance - Florida Insurance Guaranty Association - Trial Court Erred In Entering Summary Judgment For Plaintiff In Action Against Figa Because Claim For Excess Judgment Allegedly Caused By Figa's Failure To Defend Insured Not Cognizable Under Figa Act

Insurance - Florida Insurance Guaranty Association - Trial Court Erred In Entering Summary Judgment For Plaintiff In Action Against Figa Because Claim For Excess Judgment Allegedly Caused By Figa's Failure To Defend Insured Not Cognizable Under Figa Act

Medical Malpractice - Nica - Appeal Dismissed For Lack Of Jurisdiction As Final Order Did Not Make Findings Concerning Amount Of Previously Incurred Expenses Which Association Was Ordered To Pay

Homeowners Insurance - Declaratory Judgment Action Against Insured On Issue Of Coverage - Trial Court Properly Granted Insurer's Motion For Judgment On Pleadings - Plaintiff In Underlying Suit Cannot Bypass An Intentional Or Criminal Act Exclusion Clause By Suing Parents For Negligent Supervision Of Their Son Who Shot Plaintiff As Joint Obligations Clause Makes Intentional Act Of Son Intentional Act Of Other Insureds

Attorney's Fees - Joint Proposals For Settlement Must State Amount And Terms Attributable To Each Party - Trial Court Erred When It Determined Defendant Waived Objections To Earlier Proposals For Settlement - Objection To Interlocutory Ruling May Be Made At Any Time Prior To Final Judgment - Contingency Risk Multiplier Not Warranted

Uninsured Motorist Coverage - No Insurable Interest In Um Policy At Time Of Accident When Insured Vehicle Sold Two Weeks Before Accident - Damages - Loss Of Parental Consortium - Unborn Non-Viable Fetus Can Be Considered An "Unmarried Dependent" For Purposes Of Statute That Permits Recovery Of Damage For Loss Of Parent's Consortium - Damages For Loss Of Filial Consortium Limited To Period Of Child's Minority By Common Law - Damages Recoverable By Child For Loss Of Parental Consortium Not Limited To Period Of Child's Minority

Appellate Procedure - Timeliness Of Appeals - Amendment Or Modification Of Judgment Not Substantive Or Material Does Not Toll Time In Which To Seek Review - Untimely Appeal Dismissed

Tortious Interference With Advantageous Business Relationship - Intentional Negligent Misrepresentation - Court Erred When It Denied Motion For Leave To Amend Because Plaintiff Had Not Abused Privilege Of Filing Repetitive Motions - Defendant Would Not Be Prejudiced By Amendment Or Allegations And Pursuit Would Not Be Futile

Medical Malpractice -Error To Allow Defendants To Use Acog Bulletin To Bolster Testimony Of Defendant And Experts - Error To Permit Defendant To Testify He Was Recognized As "Top Doctor" With "Good Reputation" In National Survey - New Trial Ordered

Defamation - Directed Verdict Improper Because Letter Charging Plaintiffs With Unauthorized Practice Of Law Not "Pure Opinion"

Civil Procedure - Involuntary Dismissal - Trial Court Erred In Relying On Affirmative Defense Not Raised By Pleadings As Basis For Involuntary Dismissal Of Breach Of Contract Action - Involuntary Dismissal Improper When Plaintiff Presents Prima Facie Case For Breach Of Contract

Torts - Civil Theft - Conversion - Fraud - Contracts - Unjust Enrichment - No Error In Entering Summary Judgment For Defendant On Counts Alleging Civil Theft And Conversion When Plaintiff Did Not Demonstrate Property Interest - Error To Enter Summary Judgment For Defendant On Fraud Count When Genuine Issue Of Material Fact Exists - Summary Judgment For Defendant On Claim Of Unjust Enrichment Improper As Plaintiff Need Not Have Property Interest For Such Claim

Medical Malpractice - Presuit Notice Requirements - Plaintiff's Diet During Hospitalization Part Of Her Medical Treatment - Action Dismissed For Failure To Comply With Presuit Notice Requirements

Judges - Disqualification - Motion To Disqualify Judge On Grounds He Had Blanket Rule Not To Do Telephone Appearances Legally Insufficient As Moving Party Did Not Comply With Requirements Of Rule For Disqualification - Petition For Writ Of Prohibition Denied

Appeals - Timeliness - When Notice Of Appeal From Decision Of Administrative Hearing Filed One Day After A Thirty Day Time Limit, Circuit Court Appellate Division Had No Jurisdiction And Should Have Dismissed Appeal - Writ Of Prohibition Granted Preventing Court From Exercising Jurisdiction

Um Claim - Fraud - Trial Court Properly Dismissed Action As Plaintiff Actively Sought To Conceal Subsequent Accident During Discovery And Gave False Information Regarding Nature And Extent Of Injuries From Earlier Accidents - When No Evidence Exists That Plaintiff Had Any Mental Incapacity, Misstatements Cannot Be Excused As Mere Forgetfulness

Attorney's Fees - Justiciable Issues - When Insurer Moves To Disqualify Lawyer And Seeks To Stay Multiple Cases Dependant On Disposition Of Lawyer's Disqualification, Certiorari Not Improper Remedy For Company To Use To Seek Review Of Orders Denying Motions To Stay - Circuit Court Improperly Awarded Appellate Attorney's Fees Under Amended Version Of F.S. § 57.105 On Ground Insurer Knew Certiorari Improper Procedural Remedy

Temporary Injunctions - Contracts - Non-Competition Covenant - Error To Grant Temporary Injunctions Enforcing Non-Competition Agreement When Defendant Given Notice Of Hearing Just Nine Business Hours Before Hearing

When Court Incorporates Settlement Agreement Into Final Judgment Or Approves Settlement Agreement By Order And Retains Jurisdiction To Enforce Agreement By Order And Retains Jurisdiction To Enforce Agreement It Has Jurisdiction To Enforce Agreement Even If Terms Outside Scope Of Remedy Sought In Original Pleadings

Presuit Screening Requirements Not Applicable Where Liability Of Joint Tortfeasor Already Determined

Error To Deny Motion To Dismiss Complaint Against Non-Residents For Lack Of Jurisdiction When Non-Residents Committed No Tortious Act In Florida

Improper To Enter Summary Judgment When Genuine Issues Of Fact Remain - Improper To Award Attorney's Fees To Defendant Where Negligence Count Against Defendants Not Completely Lacking In Merit And Plaintiff Could Amend Complaint

Payment Of PIP Benefits Before Any Action Taken In Ordered Arbitration Proceeding Equivalent To Confewssion Of Judgment And Entitles Medical Provider/Assignee To Fee Award

Improper To Enter Final Judgment Approving Negotiated Settlement In Class Action PIP Case As To Payments To Class Members But Making Referral To Special Master For Determination As To Reasonableness Of Attorney's Fee Agreed Upon As Part Of Settlement

Employer Immunity From Tort Liability Extends To Work Related Injuries Of Employees Hired Through Help Supply Services Company

Tortious Act Can Occur Within State Through Non-Resident's Telephonic, Electronic, Or Written Communications Into Florida If Cause Of Action Arises From Communications

Owner/Developer Of Townhouse Project Not Statutory Employer Of Subcontractor's Employee - Error To Enter Summary Judgment For Owner/Developer On Worker's Compensation Immunity Grounds

Concealment Of Evidence Not Proper Basis For Spoliation Claim - Independent Cause Of Action For Spoliation Of Evidence Does Not Lie Where Spoliator And Defendant In Underlying Litigation Are One And Same - Spoliantion Claims Based Upon Destruction Of Evidence Premature Because Spoliation Is Independent Cause Of Action For Negligence And Not Ripe Until Underlying Action Completed

Error To Dismiss Complaint For Failure To Timely Effectuate Service Of Process Within 120 Days Of Filing Complaint Where Good Cause And Excusable Neglect Demonstrated

Plaintiff Barred From Recovering For Injuries Sustained During Training As Result Of Trainer's Negligence Where Plaintiff Elected To Participate In Training And Executed General Release Upon Enrollment In Course

Proper To Grant Motion For Protective Order Filed By Resident Of Foreign Country Where Resident Not Party To Action And Evidence Established Traveling To Florida For Deposition Would Be Undue Burden And Expense

Dismissal Against Insured Proper Where Insured Knowingly And Intentionally Concealed Lack Of Employment At Time Of Accident And Misrepresentation Central To Claim Of Lost Wages Against Insurer

Summary Judgement For Insured Improper On Grounds That There Was No Written Rejection Of UM Coverage

Error To Rely On Statement Of Claimant That He Intended Upon Return From Honeymoon To Share Apartment Leased By Wife - Claimant Not Entitled To UM Benefits Under Policy Issued To Parents

Motion To Tax Costs And Attorney's Fees Filed Within Thirty Days Of Final Judgment Timely

Error To Dismiss Plaintiff's Case For Fraud Upon Court After Jury Returned Verdicted For Defendant Without Allowing Plaintiff Opportunity To Present Additional Evidence

Summary Judgment Error - Issues Of Fact Regarding Causation

Attorney's Fees - Prevailing Party -Distinct Claims By Plaintiff And Counter-Claiming Defendant Can Result In Both Parties Prevailing

Marina Owner/Lessor Did Not Control Day To Day Operation Of Lessee's Business -Owner/Lessor Not Liable For Lessee's Negligence

Medical Malpractice -Error To Allow Defendants To Use Acog Bulletin To Bolster Testimony Of Defendant And Experts - Error To Permit Defendant To Testify He Was Recognized As "Top Doctor" With "Good Reputation" In National Survey - New Trial Ordered

Defamation - Directed Verdict Improper Because Letter Charging Plaintiffs With Unauthorized Practice Of Law Not "Pure Opinion"

Error To Grant New Trial On Damages Based Upon Argument That Jury Confused

Attorney's Fees - Court Properly Awarded Attorney's Fees To Be Paid To Defendants By Plaintiffs - Err Or To Order Fees To Be Paid By Plaintiff's Attorney Who Did Not File Initial Complaint

Venue - Abuse Of Discretion To Deny Motion To Change Venue From County In Which Insurer Had Office But Which Had No Connection To Lawsuit Or Underlying Claim

Order Granting Motion To Dismiss Compulsory Counterclaim Not Appealable

Civil Procedure - Scheduling Of Case Management Conference And Counsel's Actual Participation In Conference Does Not Constitute Sufficient Record Activity Under F.R.C.P. 1.420(E) To Preclude Dismissal Of Case For Failure To Prosecute

Intervention Permissible When Intervening Parties' Interest Is Of Such A Direct And Immediate Character That Intervenor Will Either Gain Or Lose By Direct Legal Operation And Effect Of Judgment

Temporary Injunction -Error To Grant Injunction When Plaintiffs Did Not Establish Substantial Likelihood Of Success On Merits Or Clear Legal Right

Torts - Equitable Distribution - Trial Court Lacked Jurisdiction To Hear Equitable Distribution Matter Between Plaintiff And Lienholder

Fraud On Court - Dismissal Too Severe A Sanction When No Clear And Convincing Evidence That Plaintiffs Sentiently Set In Motion Some Unconscionable Scheme Calculated To Interfere With Judicial System's Ability To Impartially Adjudicate Matter

Insolvent Insurers - When Florida Action Against Insurer For Declaratory Relief In Breach Of Contract Case Had Been Stayed Indefinitely By Foreign State Court In Delinquency Proceeding Finding Insurer To Be Insolvent, Florida Court Departed From Essential Requirements Of Law In Lifting Stay After It Had Been In Effect For Six Months

Civil Procedure - Error To Strike Defendant's Pleadings And Enter Default Against Him For Failure To Comply With Discovery Requirements Without Express Finding Of Willful Non-Compliance

Arbitration -Courts Must Adhere To Longstanding Principle Of Finality Of Arbitration Awards In Order To Preserve Integrity Of Arbitration Process As Means Of Alternative Dispute Resolution

Torts - Breach Of Fiduciary Duty -Fiduciary Relationship Did Not Exist Between Plaintiff And Defendant, Which Were Both Competitors For Purchase Of Certain Real Estate Development And, Subsequent To Plaintiff's Success With Purchase Of Development, Entered Into Loan Commitment Agreement That Ultimately Did Not Close

Temporary Injunctions - Order Granting Temporary Injunction Deficient If It Fails To Set Forth Facts Demonstrating Irreparable Harm, Absence Of Adequate Remedy At Law, Clear Legal Right To Relief And That Injunction Will Serve Public Interest

Dismissal - Before Dismissing Case For Failing To Appear At Mediation, Trial Court Must Determine Whether Failure To Attend Willful

Medical Malpractice - Nica - Once Administrative Law Judge Determines Injury Compensable His Statutory Duties Are Discharged

Motion To Interview Jurors Should Be Granted When Inquiry Seeks to Eleicit Objective, Rather Than Subjective, Information About Overt Prejudicial Acts

Trial Court Properly Concluded Miami-Dade County Not An Additional Insured

Plaintiff Failed To Establish Deliberate Indifference On Part of Count As Count Had Training Program To Teach Police Recruits How To Deal With Mentally Ill - Plantiff Failed To Establish County Had Notice That Other Mentally Ill Persons Had Suffered Similar Constitutional Violations

Hospital Entitled To Directed Verdict Because No Competent Substantial Evidence That ER Physician Acted With Reckless Disregard - Good Samaritan Act Did Not Apply To CRNA Acting Under ER Physician's Direction Because Not Hospital Employee - Question Certified - Hospital Entitled To Directed Verdict On Causation - Judgment To Be Entered Against Anesthesia Group For Entire Damage Award

Corporation's In-House Counsel, Who Has Possession Of Subpoenaed Documents, Has Control Of Those Documents To Product For "In Camera" Review - Work Product Privilege Waived When Party Fails To File Privelege Log

Improper Comments Made By Plaintiff's Counsel In Closing Argument Harmless As They Did Not Result In Miscarriage Of Justice

Trial Court Did Not Err In Denying Motion For Relief From Temporary Injunction Pursuant To Rule 1.540(b) As Rule Provides No Basis For Relief From Non-Final Order - Proper Method Of Obtaining Relief From Temporary Injunction Is Through Motion To Dissolve Injunction

Defendant Not Entitled To Recover Attorney's Fees Pursuant To Offer Of Judgment Made In Consolidated Case When Lawsuit Voluntarily Dismissed Without Prejudice

Defendant Entitled To Workers' Compensation Immunity - Order Denying "As Matter Of Law" Motion For Summary Judgment Based Upon Workers' Compensation Immunity Appealable - Trial Court Erred In Measuring Degree Of Risk To Defeat Workers' Compensation Immunity By Concluding That Metho To Transport Sheet Metal Involved Level Of Risk To Workers That If It Were Performed Often Enough Or Long Enough Eventually Someone Would Be Hurt Of Killed - Question Certified

Plantiff May Dismiss Action Without Order Of Court Before Trial By Serving Notice Of Voluntary Dismissal At Any Time Before Hearing On Motion For Summary Judgment - Florida Supreme Court Has Ruled That Upon Voluntary Dismissal Of Action Without Prejudice, Statutory Offer Of Judgment Of Attorney's Fees Not Recoverable

Recovery Of Non-Economic Damages By Plaintiff Who Has Sustained Permanent Injury Not Limited To Those Elements Specifically Mentioned In F.S. § 627.737

Independent Tort And Facts Distinct FroM Breach Of Contract Must Exist To Avoid Worker's Compensation Immunity

Directed Verdict And Jury's Finding That Hospital's Emergency Room Physician Acted With Reckless Disregard Not Supported By Competent Substantial Evidence - Good Samaritan Act Does Not Apply To Nurse Anesthetist Employed By Independent Contractor Providing Service In Hospital Emergency Room

Homeowner's Insurance - Appraisal Clause Provided For Appraisal Roceedings And Was Not Agreement To Submit To Formal Arbitration

Jurors - Voir Dire - Trial Court Required To Determine Whether Juror's Non-Disclosure Of Prior Litigation History Material

Attorney's Fees - Plenary Appeal Proper Method For Appellate Review Of Trial Court's Determination Of Attorney's Fees And Costs After Voluntary Dismissal - Contractual Or Statutory Basis Of Claim For Attorney's Fees Does Not Need To Be Specifically Pled - Failure To Specifically Plead Basis For Attorney's Fees Does Not Result In Waiver Of Claim

Psychotherapist Has Fiduciary Duty To Patients To Maintain Confidentiality -Unauthorized Disclosure Of Confidential Information Actionable In Tort - Impact Rule Does Not Apply To Claim For Emotional Damages When Psychotherapist Breaches Statutory Confidential Relationship

Civil Procedure - Default - Defendant Entitled To Hearing On "Unliquidated" Damages After Default

Jurisdiction - Non-Resident Corporations -Service On Business Agent Improper When Plaintiff Did Not Attempt To Serve Corporation's Superior Officers And Directors

Attorney's Fees - Defendant Insufficiently Asserted Claim For Attorney's Fees By Not Specifically Identifying Statutory Section Upon Which Fee Claim Based

Strict Product Liability -Failure To Warn - New Trial Required When Plaintiff's Warnings' Expert Made Numerous Comments Implying Vehicle Unsafe -Trial Court Should Have Conducted "Frye" Hearing Concerning Expert's Opinions About Adequacy Of Warnings.

Automobile Accident - Challenge To Plaintiff's Credibility Supported By Evidence And Inferences Drawn Therefrom -Trial Court Did Not Abuse Discretion In Refusing To Give Instruction On Aggravation Of Pre-Existing Condition - Directed Verdict In Favor Of Defendant On Future Wage Loss Claim Proper

Venue - Error To Transfer Venue For Convenience Of Parties Pursuant To F.S. § 47.122 When Defendants' Motions To Transfer Venue Unsworn And Not Supported By Affidavits

Civil Procedure - Dismissal For Failure To Prosecute - Notice For Trial Filed By Plaintiff Insufficient Record Activity To Prevent Dismissal For Failure To Prosecute When Case Not At Issue As To Both Defendants At Time Notice For Trial Filed

Civil Procedure - Dismissal For Failure To Prosecute - Plaintiff's Bare Contention That Case Against Corporate Defendant Could Not Proceed Until Two Individual Defendants Located And Served Insufficient To Demonstrate Good Cause For Why Action Should Not Be Dismissed

Damages - Collateral Sources - Error To Reduce Damages By Amount Of Uninsured Motorist Benefits Received By Plaintiff

Rental Car Companies - F.S. § 324.021 Limiting Liability Of Short Term Motor Vehicle Lessors Constitutional

Accounting Malpractice - Hold Harmless Agreement Between Client And Accountant Did Not Bar Client's Malpractice Claim -Client's President Stated Cause Of Action Against Accountant For Damages Suffered On Individual Basis

Insurance - Homeowners - Appraisal –When Homeowners Policy Contains Unambiguous Provision - Formal Arbitration Not Required

Nursing Home - Wrongful Death –Compliance With Chapter 766 Presuit Requirements Not Necessary When Action Alleges Only Violation Of Resident’s Rights Under F.S. § 400.022

Torts - Limitations Of Actions –Conflicts Of Law - Significant Relationship Test

Torts - Limitations Of Actions –Conflicts Of Law - Significant Relationship Test

Proposal For Settlement That Failed To State Amount And Terms Attributable To Each Defendant Insufficient

Error To Award Prejudgment Interest From Date Of Jury Verdict Rather Than From Date Of Loss Agreed Upon By Parties

Department Of Corrections Entitled To Sovereign Immunity For Allegations Of Negligence And False Arrest Based On Arrest Arising From Invalid Arrest Warrant

Motion To Change Venue Upon Discovery That Venue Improper Did Not Constitute Waiver

Attorney’s Fees - Certiorari –Pretrial Order Awarding Attorney’s Fees And Costs Because Of Discovery Violations And Other Misconduct Without Reducing Award To Fixed Amount Did Not Constitute Irreparable Injury

Venue In Declaratory Action Determined By Underlying Relief Sought - Error To Grant Motion To Dismiss For Improper Venue When Last Act Giving Rise To Cause Of Action For Alleged Breach Of Contract, Which Formed Basis For Declaratory Action, Occurred In County Where Plaintiff Filed Action

Florida Law Weekly "Workers' Compensation Immunity - "Unrelated Works" Exception - Error To Find Action Barred By Workers' Compensation Immunity Because Plaintiff Failed To Allege Any Negligence By Fellow Co-Worker Doing Unrelated Work For County - Failure To Name Specific Co-Worker As Perpetrator Of Any Of Specific Negligent Acts And Omissions Alleged Not Fatal To Claim

Medical Malpractice - Nica Immunity -Physician Not Entitled To Nica Immunity Because Not Employee Of Obstetrics Group That Provided Nica Notice To Patient - Physician Required To Provide Separate Nica Notice Even Though Treated Group's Patients Like An Employed - Notice By Group Sufficient For Group And Group Employee Physicians Even Though Employee Physicians Not Identified By Name In Notice

Arbitration - Contracts Claims Not Related To Legality Of Contract Not Within Scope Of Arbitration Clause Providing For Arbitration Of Any Disagreement Over Whether Agreement Complied With Law Or Whether Agreement Should Be Terminated Because Of Changes In Law

Contracts - Real Property - Mutual Mistake Of Fact Going To Essential Element Of Contract - Rescission

Attorney's Fees - Appeal -Error To Award Attorney's Fees And Costs In Absence Of Motion For Attorney's Fees - Trial Court Has No Authority To Award Prevailing Party Attorney's Fees For Appeal Unless Specifically Authorized To Do So By Appellate Court

Appeals - Certiorari -Failure To Demonstrate Unavailability Of Remedy On Direct Appeal Or Violation Of Clearly Established Principal Of Law Resulting In Miscarriage Of Justice - Certiorari Review Precluded

Appeals - Appellate Counsel -Explanation Of Details Not Necessary For Withdrawal Due To Irreconcilable Differences

Settlement Agreement -Enforcement - When Creditor Agreed To Forego Collection Of Full Amount Owed And To Settle For Lesser Amount, Provided Payments Were Made Pursuant To Agreed Schedule, And Agreement Expressly Provided That Time Was Strictly Of The Essence, Attempted Performance In The Form Of Late Payment Did Not Cure Default

Psychotherapist-Patient Privilege - Discovery - Substance Abuse Treatment Records - Failure To Raise Privilege Until Hearing On Party's Objections Not Basis For Requiring Production Of Treatment Records

Legal Malpractice - Any Error In Granting Summary Judgment For Defendant On Claim That Defendant, While Representing Plaintiff In Federal Court Case, Failed To Proffer An Adequate Special Verdict Form, Harmless When Plaintiff Still Permitted To Argue This Theory Extensively To Jury Which Found Defendant Not Negligent

Torts - Comparative Negligence -Action Against Pharmacy For Dispensing Incorrect Medicine - 45% Comparative Negligence On Part Of Mother For Ignoring Data Sheet Provided By Pharmacist When Examination Of Data Sheet Would Have Informed Her Prescription Not What Pediatrician Ordered Proper

Torts - Venue - Trial Court Properly Granted Motion To Change Venue Of Fraud In The Inducement And Unfair Trade Practices Action To County Where Alleged Misrepresentations Giving Rise To Causes Of Action Occurred - Court Should Have Transferred Cause Rather Than Dismissing It

Attorney's Fees - Trial Court Acted Within Its Discretion In Imposing Attorney's Fees As Sanction For Willfully Failing To Comply With Discovery

Jurisdiction - Error To Deny Forum Non Conveniens Motion To Dismiss Solely On Basis There May Be Witnesses Who Reside In Florida

Defamation - Error To Dismiss Complaint When Allegations Sufficient To Support Claim That Opinions Expressed By Defendant In Political Advertisement Based On Undisclosed Facts

Negligence - Summary Judgment In Favor Of Body Shop Proper When Evidence Showed It Had Used Due Care In Maintaining Vehicle And That Vehicle Had Been Stolen From Body Shop

Civil Procedure - Class Action - Trial Court Properly Denied Class Certification When Plaintiff Did Not Present Evidence At Hearing To Support Conclusory Allegations Of Complaint

Civil Procedure - When Case Not At Issue, But No Objection Raised, No New Trial Warranted

Contractors - Error To Allow Expert Roofing Contractor To Testify Regarding Plaintiff's Responsibilities Under South Florida Building Code - Improper Jury Instruction Regarding No Duty To Warn

Medical Malpractice -Physician's Liability Carrier Found To Be Insolvent - Florida Insurance Guaranty Act - Improper To Stay Action Only As To Defendant And Not As To Entire Proceeding

Workers' Compensation - Employer Liability - Consent Judgment - Carrier Prevented From Asserting Workers' Compensation Immunity In Claim For Policy Benefits - Summary Judgment In Favor Of Insurer Reversed

Commercial General Liability Insurance - Claims Administration Statute -Insured Entitled To Recover Expenses Incurred In Defense Of Covered Claim Even If Insured Violated Notice Provision Of Policy

Medical Malpractice - Statute Of Limitations - Constructive Notice Of Injury -Plaintiff's Constructive Notice Of Contents Of Medical Records Constituted Factual Issue Precluding Summary Judgment

Attorney's Fees - Lack Of Justiciable Issues - F.S. § 57.105 Sanctions May Be Appropriate Against Attorneys Individually

Wrongful Death –Utility - Employee’s Disabling Of Traffic Light Created Foreseeable Zone Of Risk –Evidence Proper To Admit Photographs Taken Long After Accident

Insurance - Automobile – Medical Payments - Because Insurer Advised Insured It Would Not Make Any Further Payments For Orthopedic Care, Plaintiff’s Suit Against Insurer Not Premature

Appeal From Nonfinal Order Compelling Appraisal Affirmed Prior Appeal Law Of Case

Judges - Disqualification - Comments Indicating Judge Had Predetermined Factual Issues Enough To Require Disqualification

Premises Liability - Business Invitee –Summary Judgment For Defendant Proper When Plaintiff, Experienced Repairman, Had Superior Knowledge Over Defendant

Appeals - Although Portion Of Order Reviewable By Certiorari Case Should Proceed As Appeal Because Original Disposition Portion Of Order Entitled To Plenary Review

Appeals - Costs - Party Prevailing On Significant Issues In Appeal Entitled To Costs

Arbitration - Insurance –Confirmation Of Award – Insurer Never Moved To Vacate, Modify, Or Clarify Award Pursuant To F.S. § 682.13 - Trial Court Properly Affirmed Award

Arbitration - Court Improperly Converted Motion To Dismiss For Improper Venue Into Motion To Abate Action On Its Own Motion And Then Granted Motion

Contribution - Indemnity - Right To Contribution Exists When Parties Share Common Liability

Claim For False Imprisonment And False Arrest Not Appropriate When Officer Had Probable Cause To Believe Plaintiff’s Nets Were Illegal When He Visually Observed Nets –Civil Rights - Qualified Immunity - Officer Could Not Be Held Liable Under 42 U.S.C. § 1983 Because Law Did Not Clearly Establish Method Of Measuring Cast Nets, And Scope Of Plaintiff’s Right To Use Large Cast Nets Had Not Been Clearly Established

Jurisdiction – Trial Court Lacked Jurisdiction To Grant Leave To Amend After Entry Of Final Judgment And Improperly Included In Order Language Addressing Merits Of The Claim

Damages – Collateral Source Setoff - Defendants Not Entitled To Setoff For Disability Insurance Payments Made To Plaintiff For Loss Of Income And For Which There Existed Common Law Right Of Equitable Subrogation

Civil Procedure - No Abuse Of Discretion To Deny Motion For Relief Of Judgment Ostensibly Directed Toward Nonfinal Order When It Actually Sought To Have Underlying Judgment Vacated - No Error In Trial Court’s Failure To Include Findings Of Fact Or Conclusions Of Law In Order Denying Motion If Not Required By Statute Or Law - Holder Of Judgment Lien Who Elects To Foreclose That Lien May, While Foreclosure Still Pending, Enforce Judgment Through Levy Under Writ Of Execution - No Error In Rejecting Claim That Creditor Barred Under Doctrine Of Equitable Estoppel When No Indication Defendant Acted In Reliance Or Changed Position To Detriment

Medical Malpractice - Expert Evidence –Remand For Frye Hearing On Portion Of Expert’s Opinion Testimony Based On New And Novel Application Of Scientific Data - If Testimony Given During Trial Rendered Inadmissible At Subsequent Frye Hearing Then New Trial Must Be Granted

Medical Malpractice –Statute Of Limitations - Hiv – Patient With No Symptoms Of Disease Has No Constructive Notice Of Positive Diagnostic Test Result When Health Care Provider Has Not Complied With Statutory Duty To Notify Patient

Medical Malpractice – Good Samaritan Law - Paramedics Not Within Ambit Of F.S. § 768.13(2)(B)1 Where Incident Occurs Outside Hospital

Civil Procedure - Denial Of Motion For Rehearing Did Not Divest Court Of Jurisdiction To Rule On Rule 1.540(B) Motion

Jurors - Misconduct - Non-Disclosure During Voir Dire Of Prior Litigation History –Trial Court Properly Denied Motion For New Trial Based On Juror’s Failure To Disclose Prior Litigation History Because Movant Failed To Conduct Juror Interview

Insurance - Automobile Collision Coverage - Policy Allowing Insurer To Repair Or Replace Damaged Property With Like Kind And Quality Does Not Obligate Insurer To Compensate For Any Diminution In Market Value

Insurance - Um And Pip Coverage - Submission Of Fraudulent Bill Under Pip Portion Of Divisible Automobile Policy Does Not Void Um Coverage

Automobile Accident - No Fault Threshold - Jury Instructions - Trial Court Properly Declined To Give Instruction That Jury Could Award Damages For Loss Of Capacity For Enjoyment Of Life, Loss Of Consortium, Disability, And Disfigurement, Even If It Found Permanency Threshold Not Satisfied

Civil Procedure - Relief From Judgment - Trial Court Should Have Granted Wife's Motion For Relief From Agreed Judgment Entered Against Husband And Wife Pursuant To Settlement Agreement Because Wife Never Signed Settlement Agreement, Never Knew She Was Party To The Lawsuit, Was Foreign National, Had Not Authorized Husband To Act For Her, And Had Not Ratified Her Husband's Acts

Civil Procedure - Discovery - Trial Court Departed From Essential Requirements Of Law In Compelling Insurance Company To Produce Portions Of Its Claim File And To Produce Privilege Log In Personal Injury Action Where Insurer Not Party To Action

Appeals - Trial Court Should Have Specified Grounds For Dismissing Complaint

Premises Liability - Trial Court Should Not Have Entered Summary Judgment For Defendant County In Action Arising Out Of Slip And Fall In Airport Restroom - Florida Supreme Court's Decision In Owens Not Limited To Food Service Establishments

Legal Malpractice - Venue - Error To Dismiss Complaint For Improper Venue When Complaint Alleged Contract For Legal Services Entered Into In County In Which Complaint Filed - Even If Venue Improper, Remedy Is To Transfer To Proper Venue, Not Dismissal

Insurance - Summary Judgment For Insurer Proper In Declaratory Judgment Action When Insured Sought Coverage And Defense For Claim That Occurred Outside Coverage Period And For Which Insurer Never Received Notice Within Coverage Period

Civil Procedure - Sanctions - No Abuse Of Discretion In Dismissing Action With Prejudice As Sanction After Trial Court Found Plaintiff Had Attempted To Perpetrate Fraud On Court When She Misrepresented During Deposition The Nature And Extent Of Her Prior Chiropractic Treatment For Neck And Low Back Pain

Insurance - Civil Procedure - Relief From Judgment - When Default Judgment Entered Against Insurer On Um Claim, Judgment Cannot Exceed Insured's Policy Limits As Stated In Complaint Unless There Is Bad Faith Claim Against Insurer - Even Assuming There Was No Default And All Issues Were Tried And Resolved By Jury, Judgment Cannot Stand Because Insurer Never Received Notice In Form Of Amended Complaint That Insured Now Claimed Policy Limits In Excess Of What Insured Alleged In Complaint

Medical Malpractice - Coverage - Prejudgment Interest Under F.S. § 766.209 - Trial Court Erred In Finding No Insurance Coverage For Prejudgment Interest And Taxable Costs Under Additional Benefits Provisions - Florida Law Generally Provides That Insurance Policies Provide Coverage For Costs Beyond Policy Limits

Legal Malpractice - Defense Of Judgmental Immunity Barred Malpractice Claim Where Attorney Showed That Legal Authority Supporting The Asserted Cause Of Action Was Fairly Debatable Or Unsettled, And Where Attorney Acted In Good Faith - The Issue Of Law Was Unsettled Because It Was Not Yet Determined By The State Court Of Last Resort And Was An Issue On Which Reasonable Doubt Could Be Entertained By Well-Reasoned Lawyers

Civil Procedure - Discovery - Trial Court Did Not Depart From Essential Requirements Of Law In Ordering Defendant, Debt Collection Agency, To Disclose Addresses And Telephone Numbers Of Limited Number Of Employees Involved In Telephone Collection Of Debts, And In Ordering Production Of Telephone Records And Correspondence Involving Other Debtors

Arbitration - Trial Court Should Not Have Allowed Party To Proceed In Circuit Court In Violation Of Mandatory Arbitration Provision In The Parties' Contract

Venue - Forum Non Conveniens - Motion To Transfer Venue Properly Denied When Movant Failed To Establish Substantial Inconvenience Of Its Witnesses

Attorney’s Fees - Offer Of Judgment - Pre-Offer Taxable Costs Are Calculated For Determination Of Entitlement To Attorney’s Fees Under Section 768.79

Pip - Insurer’s Contract Of Indemnity Against Liability Does Not Alter Right Of Insured For Action Against Pip Insurer

Insurance Coverage - Declaratory Judgment - Claim File In Declaratory Action To Determine Coverage Is Work Product

Wrongful Death – Product Liability - Error To Enter Summary Judgment In Favor Of Defendants When Factual Issues Remain

Wrongful Death - Nursing Homes – Discovery Requiring Plaintiff To Disclose Nursing Home Documents Believed To Be Relevant Does Not Violate Work Product Privilege

Medical Malpractice –Releases - Failure To Reserve Rights Against Subsequent Tortfeasor Physician Upon Settlement With Initial Tortfeasor Physician Bars Further Pursuit Of Claim Against Subsequent Physician

Civil Procedure - Error To Dismiss Complaint With Prejudice For Failing To Disclose Information In Responses To Interrogatories Without Clear Showing Of Fraud

Civil Procedure - Class Actions - Standing – Class Action Requires Named Plaintiff With Standing To Represent Class

Civil Procedure - Default –Service Of Process - Return Of Service Is Presumed Valid Unless Clear And Convincing Evidence Presented

Wrongful Death - Discovery - Error To Allow Discovery That Creates Irreparable Harm That Cannot Be Remedied On Appeal

Arbitration – Party Waived Ability To Contest Judgment Of Arbitrator Where It Did Not Move To Either Vacate Or Modify Arbitration Award Within Applicable Time Period

Appeals - When No Transcript Of Testimony Or Other Substitute Supplied To Appellate Court Factual Findings In Judgment Accepted As Correct And Assumed To Be Supported By Competent Substantial Evidence

Defamation - Summary Judgment For Defendant Magazine Publisher Proper When Public Figure Plaintiff Fails To Present Evidence That Defendant Published Article With Actual Malice

Enforcement Of Mediated Settlement Agreement - Error To Relieve Defendants Of Obligation Under Mediated Settlement Agreement Upon Grounds Of Fraud When Parties Bargained At Arm’s Length, There Was No Evidence Plaintiff Had Made Any Agreement To Make Full Disclosures, And No Duty On Part Of Plaintiff To Disclose He Had Previously Signed Release Of Non-Party Subcontractor

Attorney Disqualification –Evidentiary Hearing Required When Affidavits Submitted By Parties Create Dispute Concerning Material Fact Of Whether Counsel To Be Disqualified Learned Confidential Matters Related To Present Case When Representing Opposing Party In Another Matter

Dismissal With Prejudice Too Severe A Sanction For Plaintiff’s Failure To Timely File Amended Complaint In Compliance With Court Order

Landlord-Tenant Relationship Creates Non-Delegable Duty Of Care Upon Landlord Who Undertakes To Make Repairs Or Improvements For Benefit Of Tenant Requiring Landlord To Use Reasonable Care In Selecting Competent Independent Contractor - Landlord Vicariously Liable For Negligence Of Independent Contractor And Therefore No Basis For Apportioning Liability To Non-Party Independent Contractor

Civil Procedure - Attorney’s Fees And Costs –Confusion Or Ignorance Of Law Not Excusable Neglect –Florida Rules Of Civil Procedure Govern Procedural Issues

Insurance - General Liability – Plaintiff Lacked Standing To Challenge Premium Finance Contract –Summary Judgment Properly Entered For Defendant Insurer

Wrongful Death – Automobile Accident - Jurors - Failure To Reveal Prior Litigation History - Defendant Entitled To New Trial Based On Nondisclosure - Defense Counsel Not Required To Search Lawsuit Index Before Conclusion Of Jury Selection In Order To Demonstrate Due Diligence

Wrongful Death - Evidence Of Prior Drug And Alcohol Problem - Error To Deny Motion In Limine Related To Evidence That Unfairly Prejudiced Plaintiff

Torts - In Absence Of Special Relationship Defendant Does Not Have Duty To Protect Plaintiff Against Criminal Acts Of Third Party

Civil Procedure - Service Of Process –Process Server’s Return Of Service Presumed Valid Absent Clear And Convincing Evidence To Contrary

Civil Procedure - Service Of Process - Dissolved Corporation – Third Party Subpoena For Deposition Duces Tecum Properly Served On Dissolved Corporation’s General Manager

Personal Jurisdiction -Non- Residents - No Specific Jurisdiction When Company Does Not Place Product Into Stream Of Commerce - No General Jurisdiction When Only Connection To State Is Corporation’s Subsidiary

Ordinances - City Ordinance Null And Void When Legislature Has Preempted Field – Declaratory Judgment Act Should Be Construed Liberally

Jurisdiction – Substitute Service Of Process - Error To Deny Defendant’s Motion To Quash Service When Plaintiff Did Not Strictly Comply With Statutory Requirements Of Substituted Service

Insurance - Bad Faith - Work Product – Documents Produced During Litigation Of Bad Faith Claim Are Work Product

Appeals - Costs - Motion To Tax Costs Must Be Served, Not Filed Within 30 Days Of Issuance Of Mandate

Premises Liability - Standard Jury Instructions Must Relate To Issues Tried And Evidence Presented

Venue - Error To Deny Defendant’s Motion To Change Venue – Defense Of Improper Venue Timely When Raised In Responsive Pleading - Foreign Corporations - Venue Proper In County Where Corporation Has Agent Or Where Cause Of Action Accrued

Discovery - Protective Order –Trial Court Has Broad Discretion In Implementation Of Protective Orders - Scope And Extent Of Protection Did Not Depart From That Required By Law

Appeals - Notice Of Appeal Premature When Trial Court Had Not Ruled On Opposing Party’s Pending Post-Trial Motions

Medical Malpractice - Experts –Trial Court Should Conduct "Frye" Hearing Before Granting New Trial - If Testimony Admissible Jury Verdict To Be Reinstated –If Testimony Inadmissible New Trial To Be Conducted

Wrongful Death - Public Utilities –Error To Grant Summary Judgment When Questions Of Material Fact Exist - Damages Of Minor Child’s Loss Should Be Calculated Based On Joint Life Expectancy Of Deceased Parent And Child - Question Certified

Negligent Misrepresentation –Dismissal Of Fatally Inconsistent Pleadings –Error In Factual Finding That Plaintiff Suffered No Damages - Trial Court Should Not Rule On Issues Not In Complaint

Torts - Fraud - Question Of Whether Cause Of Action For Fraudulent Misrepresentation Exists Where Alleged Misrepresentation Contained In Public Record Is One Of Fact That Should Not Be Resolved Through Motion To Dismiss

Administrative Law - Statute Requiring That Licensee Report Fraud To Division Of Insurance - Statute Not Unconstitutionally Vague

Real Property - Constructive Trust - Conflict Of Laws - Situs Of Property Governs

Contracts - Appellate Court Unable To Review Issues On Appeal And Cross Appeal Where Final Judgment And Post-Judgment Order Incorporated Inconsistent Findings And Arrived At Conflicting Legal Conclusions

Venue - State Agencies - Home Venue Privilege

Administrative Law - Appeal By Chiropractor From Order Of Ahca Requiring Him To Reimburse Medicaid And Imposing Fine

Civil Procedure - Dismissal - Failure To Prosecute - Error To Dismiss Action For Failure To Prosecute Where There Was Record Activity In 12 Months Before Motion To Dismiss

Torts - Attorney's Fees - Malpractice

Insurance - Commercial General Liability Policy - Coverage Exclusions

Torts - Automobile Accident - Indemnity - Vicarious Liability - Dangerous Instrumentality - Bailor Of Motor Vehicle Involved In Accident Must Provide Indemnification To Defendant Which Loaned Vehicle To Bailor

Attorney Discipline - Failure To Respond To Disciplinary Agency Violates Rule 4-8.4(G) - Exchange Of Legal Services For Sexual Services Violates Rules 4-8.4(B), 4-8.4(D)And 4-8.4(I) - One-Year Suspension Appropriate

Premises Liability - Summary Judgment For Premises Owner Proper When No Act Or Omission Of Owner Substantial Factor In Causing Plaintiff's Damages

Insurance - Notice Of Cancellation

Premises Liability - Summary Judgment Improper When Insufficient Discovery Conducted To Determine Whether There Were Genuine Issues Of Material Fact

Appeals - Certiorari Review Inappropriate When Issue Sought To Be Reviewed May Be Remedied On Final Appeal

Appeals - Motion For New Trial Or Judgment In Accordance With Prior Motion For Directed Verdict Must Be Filed Within Ten Days Of Return Of Verdict To Suspend Time For Appeal - Motion To Alter Or Amend Verdict Must Be Served Within Ten Days Of Judgment To Toll Time For Appeal

Appeals - Order Denying Motion To Dismiss Is Non-Appealable Non-Final Order - Issue Of Whether Usaa Corporate Policy Requiring Use Of Non-Oem Replacement Parts For Repair Violated Its Insurance Policy Not Appropriate Issue For Appraisal

Attorney's Fees - Client Entitled To Production Of Attorney's File When Attorney Sues Client To Enforce Retaining Lien

Appeals - Certiorari Review Of Denial Of Motion For Continuance Is Rare

Appeals - Final Judgment Granting Attorney's Fees In Connection With Dismissal Of One Count Of Multi-Count Complaint Against Same Defendant Is Non-Final Non-Appealable Order - Trial Court Never Lost Jurisdiction To Vacate Judgment

Civil Procedure - Dismissal For Failure To Prosecute - Appeal Of Related Case Does Not Constitute Good Cause For Absence Of Record Activity For One Year When Appeal Did Not Prevent Plaintiff From Prosecuting Case

Attorney's Fees- Proposal For Settlement Not Required To Specify That Punitive Damages Are Not Being Offered When No Claim For Punitive Damages Pled - Proposal That Failed To Dispose Of Property Damage Claim Did Not Comply With Rule 1.442(C)(2)(C)&(D)

Appeals - Circuit Court's Denial Of Writ Of Prohibition Is Appealable Final Order - Scope Of "Second-Tier Certiorari" Review Of Circuit Court's Order Limited To Whether Circuit Court Afforded Procedural Due Process And Applied Correct Law

Appeals - Circuit Court's Denial Of Writ Of Prohibition Is Appealable Final Order - Scope Of "Second-Tier Certiorari" Review Of Circuit Court's Order Limited To Whether Circuit Court Afforded Procedural Due Process And Applied Correct Law

Civil Procedure - Party Does Not Place Mental Health At Issue By Presenting Evidence To Counter Allegations That Party Is Mentally Unstable

Pip - Insurer Entitled To Discover Unredacted Copy Of Mri Servicing Agreement Between Entity Performing Mri And Billing Entity Pursuant To F.S. § 627.736(6)(B) - Confidentiality Clause In Agreement Cannot Shield Discovery Of Facts And Documentation Necessary To Determine Benefits - County Court Had Jurisdiction To Hear Equitable Matter Involving Controversy Not Exceeding $15,000

Appeals - Trial Court Erroneously Dismissed With Prejudice Amended Proceeding Supplementary Complaint On Grounds That It Had Sought To Raise Claims Beyond Scope Of Appellate Court's Remand

Automobile Liability - Other Insurance - Trial Court Incorrectly Determined That Two Insurance Policies Both Provided Primary Coverage

Premises Liability - Slip And Fall - Summary Judgment Based On Non-Existence Of Genuine Issue Of Material Fact - Lack Of Constructive Notice Of Dangerous Condition - Trial Court Did Not Have Benefit Of Florida Supreme Court Decision In Owens V. Publix Supermarkets Holding That Once Plaintiff Establishes He Fell As Result Of Transitory Foreign Substance, Burden Shifts To Defendant To Show By Greater Weight Of Evidence That It Exercised Reasonable Care In Maintaining Premises

Attorney's Fees - Summary Judgment Properly Entered For Defendant In U.S. § 1983 Action Where Insufficient Admissible Evidence To Create Jury Question Whether Defendant Committed Conduct That Violated § 1983 - Error To Award Attorney's Fees Based On Offer Of Judgment Because Section 768.79(1), Florida Statutes, Preempted By 42 U.S. Section 1988

Arbitration - Waiver - Furnishing Plaintiff With Draft Answer And Counterclaim As Condition To Entering Into Settlement Negotiations Did Not Waive Entitlement To Arbitration Pursuant To Clause In Contract

Insurance - Summary Judgment Properly Entered For Insureds As Record Did Not Show Any Material Misrepresentations By Insureds - Pre-Judgment Interest To Be Awarded From Date Of Appraisal Award, Not From Date Of Loss

Settlement Agreement - Enforcement - Plaintiff's Attorney Had Authority To Make Corrected Proposal For Settlement Was Identical To Original Proposal - Plaintiff's Attorney's Authority Not Automatically, Retroactively Revoked Because Plaintiff Underwent Additional Surgery After Second Proposal Had Been Submitted

Appeals - Circuit Court Acting In Appellate Capacity Denied Petitioner Due Process When It Dismissed Appeal Before Affording Petitioner Opportunity To File Response To Motion To Dismiss

Civil Procedure - Service Of Process On Dissolved Corporation Must Be Made On Corporate Officer

Directed Verdict Reversed - Issue Of Fact As To Constructive Knowledge Of Dangerous Condition - Change In Law - Proof Of Foreign Substance Creates Presumption Of Negligence And Shifts Burden Of Proof

Civil Procedure - Non-Parties Not Entitled To Seek Relief From Court

Physician-Patient Privileges And Right To Privacy Upheld

Wrongful Death - Duty Breached To Guard Against Foreseeable Risks

Directed Verdict Erroneous When Conflicting Evidence Present, Necessitating Separation Of Issues Involving Permanency And Causation

Jurisdictional Challenges Waived

Torts - Dismissal Of Negligence Action Not Warranted Based On Plaintiff's Misrepresentation

Attorney's Fees - Charging Lien

Evidence Of Attorney's Violation Of Court Order Limiting Public Comments In Civil Case Insufficient To Establish Criminal Contempt

Dismissal Of Complaint For Failure To Allege Sufficient Facts And State Cause Of Action

Directed Verdict Erroneous When Reasonable Jury Could Render Verdict For Plaintiff

Negligence - Damages For Parent's Loss Of Filial Consortium Recoverable Only To End Of Child's Minority

Pip - Petition For Pure Bill Of Discovery - Discovery Pursuant To F.S. § 627.736(6)(C) Permissible

Insurance Coverage - Misrepresentation Of Material Fact Related To Claim Is Question Of Fact

Torts - Cruise Ships - Passenger Injured By Rope Thrown While Ship Docking - Question Whether Ship Owner Should Have Known Of Danger To Passengers On Third Deck When Heaving Rope

Civil Procedure - Default - Failure To Attend Status Conference - Abuse Of Discretion To Deny Motion To Vacate Default Without Explicit Finding That Failure To Attend Status Conference Was Willful

Defamation - Claim That Defendant Newspaper Published False News Item That Plaintiff Had Been "Fired" - No Error In Dismissing Complaint As Plaintiff Alleged Statement Defamatory Per Se

Civil Procedure - Error To Proceed With Hearing On Motion To Dismiss Original Complaint For Failure To State Cause Of Action And To Enter Order Of Dismissal When Plaintiff Had Filed Amended Complaint Before Hearing

CIRCUIT COURT APPELLATE JURISDICTION

Insurance - Automobile - Cancellation Of Policy - Insured Covered Under Policy When Three-Option Letter Stated Specific Date On Which Policy Would Be Canceled If Insured Took No Action And Accident Occurred On That Date

Civil Procedure - Default - Abuse Of Discretion To Grant Motion To Set Aside Default When Motion Filed Four Months After Default Final Judgment And Defendant Failed To Offer Any Supporting Affidavits Or Other Documentation Establishing Excusable Neglect And Answer Did Not Establish Meritorious Defense To Breach Of Contract Action

Civil Procedure - Appeals - Absence Of Transcript Of Hearing On Rule 1.540 Motion To Set Aside Final Summary Judgment - No Evidence To Support Claim Trial Court Grossly Abused Discretion In Granting Motion

Civil Procedure - Default - Abuse Of Discretion To Deny Motion To Vacate Default When Defendant Acted With Due Diligence In Filing Motion 34 Days After Learning Of Default

Contracts - Damages - Substantial Performance - Contractor Who Substantially Performed Under Contract Entitled To Full Contract Price Less Any Damages Proven By Adverse Party

Insurance - Pip - Rescission Of Policy Based On Alleged Material Misrepresentations In Application Improper Under Facts

Attorney's Fees - Court Should Award Attorney's Fees To Homeowners' Association As Prevailing Party When Association's Governing Documents Provided For Reasonable Attorney's Fees For Collection Of Delinquent Assessments

CIRCUIT COURTS - ORIGINAL JURISDICTION

Attorneys - Disqualification - Dispute Between Professional Association And Individual Doctors Regarding Enforcement Of Noncompetition Covenant In Physician Employment Contract - Irrefutable Presumption Of Receipt Of Confidential Information Justifies Disqualifying Attorney For Professional Association When Member Doctors Reasonably Believed He Represented Them Also

Attorney's Fees - Tenant Entitled To Attorney's Fees Under F.S. § 57.105 When Commercial Lease Provided For Award Of Fees Incurred By Landlord Because Of Tenant's Breach

COUNTY COURT - ORIGINAL JURISDICTION

Pip - Assignment Of Benefits - Medical Provider Has No Standing To Sue Insurer Under Purported Assignment Of Benefits Based Only On Incomplete Hcfa 1500 Form

Insurance - Attorney's Fees - Contingency Risk Multiplier Of 2.0 Appropriate When Likelihood Of Plaintiff's Success At Outset Of Case Unlikely

Insurance - Insured Plaintiff Not Party To Contractual Agreement Between Medical Provider And Insured And Not Third Party Beneficiary Of Contract

UM Coverage - Error To Deny Insured's Motion In Limine Seeking To Exclude Collateral Source Evidence Of Insurance And Other Benefits Provided To Insured By Her Employer - Insured Did Not Waive Error By Introducing Collateral Source Evidence In Her Case In Chief When Parties Stipulated That Insured Would Have Standing Objection To Introduction Of Collateral Source Evidence - Once Trial Court Makes Unequivocal Ruling Admitting Evidence Over Movant's Motion In Limine, Movant's Subsequent Introduction Of That Evidence Does Not Constitute Waiver Of Error For Appellate Review

Privilege - No Error In Compelling Production Of Letters Between Insurer And Attorney Allegedly Protected By Work Product And Attorney/Client Privilege When Insurer Waived Privilege By Failing To Prepare Privilege Log

Negligence - Conflict Of Laws - Significant Relationship - Florida Substantive Law Applies To Automobile Negligence Action Between Two Quebec Citizens Residing In Florida For Several Months Each Year - Quebec Does Not Have More Significant Relationship To Occurrence And Parties Than Florida

Civil Procedure - Class Action - No Error In Certifying Case As Class Action - Appellate Court Lacked Jurisdiction To Review Trial Court's Denial Of Motion To Dismiss

Discovery - Privilege - Error To Compel Answer To Deposition Questions Without Providing Explanation Related To Work Product Objection And Without Having Conducted In-Camera Hearing To Determine Whether Deposition Questions Elicited Information Protected By Work Product

Summary Judgment - Error To Enter Summary Judgment For Defendant On Ground Contract Between Parties Governed By Uniform Commercial Code And That Action For Professional Design Negligence Barred By Economic Loss Rule When Factual Issues Existed Regarding Proper Characterization Of Contract As One For Goods Or For Services

Automobile Liability Coverage - Action By Parties Shot By Hijackers Of Jitney Bus On Which They Were Riding Against Automobile Liability Insurer Of Company Assigned Transportation Permit To Operate Bus Not Covered Under Automobile Liability Insurance Policy Provision Providing Coverage For Non-Owned Autos - Even If Jitney Bus Covered As Non-Own Auto Plaintiffs' Injuries Not Covered Because Injuries Resulted From Criminal Assault

Stay Of Proceedings - Abuse Of Discretion To Deny Motion To Stay Pending Disposition Of Action In Federal Court On Same Issue

Venue - Error To Deny Motion To Change Venue Pursuant To Venue Provision In Contract Requiring Suit Between Parties To Be Filed In Broward County Where No Showing That Agreed Upon Venue Provision And Contract Unreasonable Or Unjust

Statute Of Limitations - Relation Back Of Amended Complaint - Error To Dismiss Whistleblower Claim Asserted In Second Amended Complaint As Barred By Statute Of Limitations When Claim In Second Amended Complaint Virtually Identical To Claim In Original Complaint - Amendment Merely Making More Specific What Has Already Been Alleged Generally Or Which Changes Legal Theory In Action Will Relate Back Even Though Statute Of Limitations Has Run In The Interim

INSURANCE - PRIOR DECISION IN CLAIM FOR UNINSURED MOTORIST BENEFITS NOT RES JUDICATA IN CASE FOR UNDERINSURED MOTORIST BENEFITS - CLAIMS FOR UNINSURED AND UNDERINSURED MOTORIST COVERAGE RELATE TO SEPARATE AND DISTINCT COVERAGE PROVISIONS AND GIVE RISE TO SEPARATE CAUSES OF ACTION

Agency For Health Care Administration - Non-Final Ahca Order Requiring Immediate Moratorium On Admissions To Assisted Living Facility Not Set Aside

Automobile Accident - Damages - Competent Substantial Evidence Supported Jury's Award Of Past Medical Expenses In Amount Lower Than Shown By Evidence When Conflicting Testimony Existed Concerning Whether Medical Tests Necessary To Treat Plaintiff's Injuries

Medical Malpractice - Attorney's Fees - Offer Of Judgement Made By Defendant Less Than 45 Days Before Date Set For Trial Untimely Despite Defendant's Contention That He Knew Trial Could Not Be Held During Two-Week Trial Period For Which It Was Set As It Was Not Clear Whether Both Parties Knew Case Would Not Be Tried As Scheduled

Sovereign Immunity - Automobile Accident - Duty To Warn Of Dangerous Intersection Is Operational Level Duty - Evidence Sufficient To Create Jury Question About Whether County's Failure To Install Traffic Warnings At Intersection Was Cause Of Accident

Personal Jurisdiction - Non-Resident - Error To Enter Summary Judgment Against Defendant And To Deny Motion To Dismiss Amended Complaint As No Allegation In Complaint Defendant Committed Actionable Conduct Within State Or Otherwise Had Contacts With State That Would Subject Him To Jurisdiction Of Florida Courts

Wrongful Injunction - Sovereign Immunity - Limitation On Liability Inapplicable To Claim For Wrongful Injunction When No Bond Posted

Department Of Corrections - Discovery - Report By Outside Physician Pursuant To Mortality Review Program Privileged Under F.S. § 766.101(1)(A) - Production Of Memorandum Which Did Not Identify Decedent Or Circumstances Surrounding His Death Did Not Waive Privilege

Civil Procedure - Error To Require Parties To Retain Local Counsel When Already Represented By Florida Attorneys - Insurer's Assertion Of Irreparable Harm Related To Fees It May Be Required To Pay Insured's Local Counsel Without Merit - Insurer's Assertion Of Irreparable Harm Related To Fees It Will Pay Its Own Local Counsel Meritorious

Civil Rights - Error To Dismiss 42 U.S.C § 1983 Complaint - Other Claims Dismissed Below Could Not Be Pursued Because Not Appealed

Appeals - Enforcement Of Mandate - Trial Court Erred In Refusing To Enter Second Amended Final Judgment Granting Additur To Which Parties Agreed

Premises Liability - Summary Judgment Improper When Evidence Showed That Door Equipped With Hydraulic Closing Mechanism Lacked Safety Arm

Argument - Failure To Object With Specificity To Counsel's Remarks During Closing Waived Error - Implied Reference To Insurance Not Fundamental Error

Evidence - Hearsay - Business Records - Limitation Of F.S. § 90.803(6)(B) Related To Opinion Or Diagnosis Evidence Inapplicable

Negligence - Justiciable Issue - Error To Award Attorney's Fees Without Specific Finding That Claim Frivolous And Untenable - Good Faith Attempt To Change Existing Law Not Frivolous Or Completely Untenable

Appeal - Non-Final Order - Clerk's Default And Order Denying Motion To Vacate Default Not Independently Appealable

Substituted Service Of Process - Corporation - Affidavit Without Statement Showing Need For Substituted Service Did Not Comply With F.S. § 48.081

Homeowners Coverage - Error To Grant Summary Judgment When Policy Ambiguous About Whether Golf Cart Recreational Vehicle

Trial Court Erred In Finding Attorney Liable For Half Of Fees And Costs Assessed Under F.S. § 57.105 When Appellate Court Had Determined Client's Liability For Fees - Error To Award Fees Against Attorney For Period Of More Than Two Years Before His Date Of Appearance As Counsel

Setoff Statues May Not Be Used When Jury Finds Non-Settling Defendant Liable For Economic Damages But Finds Settling Defendant Not Liable

Trial Court Did Not Abuse Discretion In Dismissing Action Because Of Fraud On Court After Finding That Corporate Plaintiff's Officers Testified Falsely Under Oath During Depositions

Spoilation of Evidence - When Defendant Did Not Make Appropiate Request For Independant Medical Examination Plaintiff Under No Obligation To Preserve Status Quo Of His Body For Futire Examination

Attorney's Fees - Offer Of Judgement - Abuse Of Discretion To Fail To Award Reasonable Attorney's Fees For Hours Billed By Attorneys When Plaintiff Never Challenged Number Of Hours Claimed By Attorneys And No Record Evidence Supporting Denial Of Fees

Substituted Service Of Process - Error To Deny Motion To Quash Service Of Process When Plaintiff Failed To Serve Secretary Of State With Amended Complaint

Civil Procedure - Relief From Judgement - When Merits Of Issues Raised In Motion To Vacate Never Considered By Appelate Court, Affirmance Of Final Judgement Does Not Bar Trial Court's Consideration Of Motion To Vacate

Appeals - Order Refferring Matter To Arbitration Not Order On "Entitlement" To Arbitration And Thus Not Appealable Non-Final Order Under Rule F.R.A.P. 9.130

Default - Error To Deny Motion To Vacate Default Without Conducting Evidentiary Hearing

Comprehensive General Liability Insurance - Exclusions - When Insured Defendant In Typical Automobile Negligence Lawsuit Both Owns Vehicle And Employs Driver Of Vehicle, Claim Arises Out Of Ownership And Use Of Insured's Vehicle

Insurance - Bad Faith Failure To Settle - Insurer Not Guilty Of Bad Faith For Accepting Offer To Settle When Offeror Not Authorized To Make Offer To Settle - Insurer Had No Reasonable Opportunity To Settle Claim So Insurer Could Not Have Acted In Bad Faith As Matter Of Law

Torts - New Trial - Abuse Of Discretion To Grant New Trial After Verdict In Favor Of Plaintiff Because Of Misconduct By Plaintiff's Attorney

Contacts - Limitations Of Actions - No Error In Striking Statute Of Limitations Defense To Counter Claim Seeking Damages For Breach Of Tree Cutting Contract Which Was Compulsory CounterClaim In Nature Of Recoupment

Civil Procedure - Class Actions - Order Granting Class Certification In Part And Denying It In Part Devoid Of Factual And Legal Findings As Required By F.R.C.P

Contracts - Corporations - Piercing Corporate Veil - Error To Compel Production Of Documents By Individual Defendant When Complaint Did Not Set Forth Cognizable Claim That Would Support Judgement Against That Defendant

Torts - Limitations Of Actions - Unfair And Deceptive Trade Practices

Contracts - Fraud in the Inducement

Premises Liability - Subsequent Accidents - Subsequent Remedial Measures

UM Coverage - Physical Assault

Limitations of Actions - Sexual Abuse

Disqualification of Judges

Medical Malpractice - Contribution Actions

Negligent Entrustment

Class Actions - No Standing for No Injury

Torts - Failure to Secure Urine Samples in Physical Examination

Damages - Loss of Prospective Future Earning Capacity

Summary Judgment - Timeliness of Motion

Special Master Fees

Jurors - Failure to Disclose

June 16, 2000

Insurance - Material Misrepresentation

Judges - Disqualification

Punitive Damages

Civil Procedure - Foreign Judgments

E.I. DuPont De Nemours vs. Simpson Imposing Sanctions Against Counsel

Summary Judgement Not Appealable Final Judgement

June 9, 2000

Choice of Law - Settlement Agreement Fraudulently Procured

Premises Liability - Raised Water Meter on Sidewalk

Identification and Testimony of Plaintiff's Expert

Dental Malpractice - Summary Judgement Fails in Face of Fact Issues

June 2, 2000

Nursing Homes - Wrongful Death

Tort - Premises Liability - Summary Judgement Improper In Face of Fact Issues

Eminent Domain - Business Damages

Civil Procedure - Dismissal of Complaint

May 19, 2000

Railroad Crossings - Standing Train Doctrine Rejected

Attorney's Fees - Higher Hourly Rate Than Contract

Attorney's Fees - Accrual of Pre-Judgement Interest