TORTS: MOTOR VEHICLE NEGLIGENCE: INSURANCE: UNINSURED MOTORIST COVERAGE: CIVIL PROCEDURE: NEW TRIAL: EVIDENCE: TIME LAPSE SECURITY PHOTOGRAPHS OF ACCIDENT WERE NOT PER SE INADMISSIBLE OR MORE PREJUDICIAL THAN PROBATIVE: COLLATERAL SOURCE RULE NOT IMPLICATED BY LETTER OF PROTECTION PROVIDING THAT MEDICAL BILLS WOULD BE PROPORTIONATELY REDUCED IF PLAINTIFF DID NOT RECOVER THE FULL VALUE OF HIS CLAIM: APPEALS: PRESERVATION: COURT REFUSED TO CONSIDER WHETHER LETTER OF PROTECTION WAS MORE PREJUDICIAL THAN PROBATIVE BECAUSE PLAINTIFF DID NOT OBJECT ON THAT GROUND IN THE TRIAL COURT

Case Decision Date: Reviewed by

Smith v. GEICO Casualty Company, ___ So. 3d ___, 38 Fla. L. Weekly D2477 (Fla. 2d DCA November 27, 2013)

The plaintiff in an action to recover uninsured motorist benefits appealed from judgment based upon a jury verdict that limited his recovery to less than ten percent of his past medical expenses.  The plaintiff was a passenger in a bus … Click To Read Full Case Law Review...

CONTRACTS: BREACH OF CONTRACT: AFFIRMATIVE DEFENSES: ANTICIPATORY REPUDIATION: ABILIITY TO PERFORM; CIVIL PROCEDURE: DISCOVERY: PERSONAL FINANCIAL RECORDS; APPEALS: CERTIORARI

Case Decision Date: Reviewed by

Ryan v. Landsource Holding Company, LLC, ___ So. 3d ___, 38 Fla. L. Weekly D2479 (Fla. 2d DCA November 27, 2013)

The trial court ordered the defendant in an action for breach of a note and modification agreement to produce personal financial records because he raised the defense of anticipatory repudiation.  The appellate court granted the defendant’s petition for certiorari … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: PREMISES LIABILITY: SLIP AND FALL: OPEN AND OBVIOUS CONDITION: DUTY TO MAINTAIN PREMISES IN A REASONABLY SAFE CONDITION: ASSUMPTION OR RISK: COMPARATIVE NEGLIGENCE; CIVIL PROCEDURE: SUMMARY JUDGMENT

Case Decision Date: Reviewed by

Skala v. Lyons Heritage Corporation, ___ So. 3d ___, 38 Fla. L. Weekly D2485 (Fla. 2d DCA November 27, 2013)

The defendant, a general contractor, retained the plaintiff “to inspect the tile work in a home under construction.”  When the plaintiff arrived, a carpenter was working near the main entrance to the house.  As a result, the plaintiff tried to … Click To Read Full Case Law Review...

LIENS: MEDICAID LIEN LIMITED TO AMOUNT RECOVERED FOR MEDICAL EXPENSES

Case Decision Date: Reviewed by

Dillard v. Agency for Health Care Administration, ___ So. 3d ___, 38 Fla. L. Weekly D2486 (Fla. 2d DCA November 27, 2013)

The trial court calculated the Agency for Health Care Administration’s Medicaid lien by applying the formula in Section 409.110(11)(f), Florida Statutes, to the gross settlement proceeds.  The appellate court reversed because the United States Supreme Court subsequently held … Click To Read Full Case Law Review...

CREDITOR’S REMEDIES: PROCEEDINGS SUPPLEMENTARY: ATTORNEY’S FEES AND COSTS ARISING FROM PROCEEDINGS SUPPLEMENTARY MAY BE AWARDED ONLY AGAINST JUDGMENT DEBTOR AND NOT AGAINST IMPLEADED PARTIES: WRITS OF EXECUTION MUST BE LIMITED TO ASSETS OF THE DEBTOR IN THE HANDS OF IMPLEADED PARTIES

Case Decision Date: Reviewed by

Kingston Corporation Group of Florida, Inc. v. Kleiber, ___ So. 3d ___, 38 Fla. L. Weekly D2487 (Fla. 2d DCA November 27, 2013)

The judgment creditor filed proceedings supplementary against the judgment debtor and impleaded three entities to whom the debtor allegedly fraudulently transferred assets.  A special magistrate conducted an evidentiary hearing and found in favor of the creditor.  The … Click To Read Full Case Law Review...