CIVIL PROCEDURE: PERSONAL JURISDICTION: CONFLICTING EVIDENCE: LIMITED EVIDENTIARY HEARING

Airamid Health Services, LLC v. the Anita Sechler Personal, ___ So. 3d ___, 39 Fla. L. Weekly D554 (Fla. 5th DCA March 14, 2014)

The trial court erred by denying the defendant’s motion to dismiss for lack of personal jurisdiction because of the existence of conflicting evidence.  The defendant submitted an affidavit in support of its motion, but the … Click To Read Full Case Law Review...

TORTS: PREMISES LIABILITY: SLIP AND FALL; CIVIL PROCEDURE: SUMMARY JUDGMENT: DISCOVERY: PREMATURE MOTION

Harper v. Wal-Mart Stores East, L.P., ___ So. 3d ___, 39 Fla. L. Weekly D556 (Fla. 5th DCA March 14, 2014)

The trial court erred by entering summary judgment for the defendant in a slip and fall case before providing the plaintiff with the opportunity to depose a witness whose affidavit was submitted in support of the motion.… Click To Read Full Case Law Review...

INSURANCE: HOMEOWNER’S INSURANCE: BREACH OF POLICY PROVISIONS: PROOF OF LOSS: PREJUDICE

Hamilton v. State Farm Florida Insurance Company, ___ So. 3d ___, 39 Fla. L. Weekly D559 (Fla. 5th DCA March 14, 2014)

The appellate court, in a per curiam decision, reversed summary judgment for the insurer and remanded for a determination whether the insurer was prejudiced by the insured’s failure to submit a proof of loss form before suit … Click To Read Full Case Law Review...

TORTS: VIOLATION OF NURSING HOME RIGHTS: NEGLIGENCE: WRONGFUL DEATH; ARBITRATION: DURABLE POWER OF ATTORNEY CONFERRING AUTHORITY TO ACT WITH RESPECT TO CLAIMS AND LITIGATION ENABLED ATTORNEY IN FACT TO AGREE TO ARBITRATION: SUBSTANTIVE UNCONSCIONABILITY: COST OF ARBITRATION

Zephyr Haven Health and Rehab Center, Inc. v. Clukey, ___ So. 3d ___, 39 Fla. L. Weekly D561 (Fla. 2d DCA March 14, 2014)

A durable power of attorney, which provided a wife with the power to act on her husband’s behalf with respect to claims and litigation, authorized her to enter into a nursing home admission agreement with an … Click To Read Full Case Law Review...

CIVIL PROCEDURE: BREACH OF CONFIDENTIALITY ORDER: COMPENSATORY CONTEMPT SANCTION: INTENTIONAL VIOLATION; APPEALS: PRESERVATION: CHALLENGE FOR FIRST TIME ON APPEAL TO AMOUNT OF SANCTION

Roberts v. Bonati, ___ So. 3d ___, 39 Fla. L. Weekly D562 (Fla. 2d DCA March 14, 2014)

The appellate court reversed a monetary sanction against the plaintiff’s lawyer in a medical malpractice case for violating “a confidentiality order to protect against the disclosure of [the defendants’] financial information.”  The appellate court reversed because the trial court imposed a compensatory … Click To Read Full Case Law Review...