SUBJECT MATTER JURISDICTION, PIP

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DNA Center for Neurology & Rehabilitation v. Progressive American Insurance Co., ___ So. 2d ___, 34 Fla. L. Weekly D978 (Fla. 5th DCA 5/15/09)

A healthcare provider sued an insurer in circuit court for failing to pay personal injury protection benefits, but the exhibits to the amended complaint reflected that the damages were under $500.00.  Subject matter jurisdiction in … Click To Read Full Case Law Review...

DAMAGES

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Marbella Park Homeowner’s Association, Inc. v. My Lawn Service, Inc., ___ So. 2d ___, 34 Fla. L. Weekly D971 (Fla. 3d DCA 5/13/09)

The defendant did not make a single payment under a five year contract for monthly services. The plaintiff sued for breach of contract and obtained a summary judgment for the entire contract price. The appellate court reversed … Click To Read Full Case Law Review...

FRYE RULE

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Andries v. Royal Carribbean Cruises, LTD., ___ So. 2d ___, 34 Fla. L. Weekly D968 (Fla. 3d DCA 5/13/09)

Evidence that a staph infection caused an incurable kidney disease was not inadmissible under Frye v. United States, 293 F.1013 (DC Cir. 1923).  The plaintiff presented the testimony of a nephrologist, a specialist in immunological kidney diseases, and published research … Click To Read Full Case Law Review...

PROPOSAL FOR SETTLEMENT

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Harris Specialty Chemicals, Inc. v. Punto Azul S.A. d.e. CV, ___ So. 2d ___, 34 Fla. L. Weekly D966 (Fla. 3d DCA 5/13/09)

The court rejected the plaintiff’s contention that a proposal for settlement was invalid because it failed to apportion an amount to one of the defendants. “The rule does not require that a settlement proposal cover all claims … Click To Read Full Case Law Review...

CONTEMPT

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Anderson v. Department of Revenue, ___ So. 2d ___, 34 Fla. L. Weekly D963 (Fla.4th DCA 5/13/09)

The trial court ordered the former husband to pay approximately 10% of his child support arrearage within 48 hours to avoid incarceration.  The appellate court reversed because the trial court found that the former husband was indigent for purposes of appeal.  The … Click To Read Full Case Law Review...