INSURANCE: UNINSURED MOTORIST COVERAGE: CONDITION PRECEDENT, MEDICAL EXAMINATION

State Farm Mutual Automobile Insurance Company v. Curran, ___ So. 3d ___, 36 Fla. L. Weekly D195 (Fla. 5th DCA 1/28/11)

The appellate court reversed judgment for the insured in an uninsured motorist case because of the insured’s refusal to comply with a condition precedent under the policy requiring her to submit to an examination by a doctor selected … Click To Read Full Case Law Review...

ATTORNEY’S FEES: APPORTIONMENT

Dr. Gail Van Diepen, P.A. v. Brown, ___ So. 3d ___, 36 Fla. L. Weekly D200 (Fla. 5th DCA 1/28/11)

The appellate court reversed an award of attorney’s fees because of the plaintiffs’ failure to take advantage of two opportunities to apportion between claims that did and did not give rise to an entitlement to fees. The court remanded … Click To Read Full Case Law Review...

CIVIL PROCEDURE: NOTICE

Gianthony Homes, Inc. v. U.S. Bank National Association, ___ So. 3d ___, 36 Fla. L. Weekly D202 (Fla. 5th DCA 1/28/11)

The appellate court reversed an ex parte order granting the bank’s motion to set aside a foreclosure sale and directing the clerk not to issue a certificate of title to the successful bidders because the bank misrepresented that … Click To Read Full Case Law Review...

TORTS: MEDICAL MALPRACTICE: EX PARTE COMMUNICATIONS WITH TREATING PHYSICIANS; PROFESSIONAL RESPONSIBILITY: COMMUNICATION RULE

Lee Memorial Health System v. Smith, ___ So. 3d ___, 36 Fla. L. Weekly D212 (Fla. 2d DCA 1/28/11)

After the plaintiffs’ daughter was delivered prematurely, she received an overdose of trace elements in the hospital and developed permanent neurological damage.  The plaintiffs sued the hospital for medical malpractice, and the hospital moved for a protective order to bar the … Click To Read Full Case Law Review...

TORTS: SLIP & FALL: SUMMARY JUDGMENT

Laidlaw v. The Krysal Company, ___ So. 3d ___, 36 Fla. L. Weekly D217 (Fla. 1st DCA 1/28/11)

The appellate court reversed summary judgment for the restaurant in a slip and fall case.  The restaurant filed the affidavits of two employees who swore that rain water was tracked into the restaurant, the floor had recently been mopped in the … Click To Read Full Case Law Review...