CRIMINAL LAW: EVIDENCE: DEFENDANT COULD NOT USE EXTRINSIC EVIDENCE TO IMPEACH THE VICTIM’S TESTIMONY THAT SHE WAS WEARING JOGGING CLOTHING RATHER THAN PAJAMAS WHEN THE DEFENDANT SEXUALLY BATTERED HER BECAUSE THE EVIDENCE WAS COLLATERAL AND DID NOT SHOW BIAS, CORRUPTION, OR LACK OF COMPETENCY AS A WITNESS

Anderson v. State, ___ So. 3d ___, 39 Fla. L. Weekly D568 (Fla. 1st DCA March 14, 2014)

Defense counsel in a prosecution for sexual battery was not entitled to exhibit the victim’s clothing to the jury to impeach her testimony that she was wearing jogging clothing, rather than pajamas, when the offense occurred.  “This evidence [was collateral because … Click To Read Full Case Law Review...

INSURANCE: UNINSURED MOTORIST COVERAGE: FAILURE TO ATTEND A COMPULSORY MEDICAL EXAMINATION IS A CONDITION SUBSEQUENT, RATHER THAN A CONDITION PRECEDENT, AND THE BREACH OF THIS CONDITION DOES NOT NULLIFY COVERAGE UNLESS THE INSURER HAS BEEN PREJUDICED BY THE BREACH: THE INSURER HAS THE BURDEN OF PLEADING AND PROVING PREJUDICE; CIVIL PROCEDURE: SUMMARY JUDGMENT AFFIRMED BECAUSE THE UNDISPUTED FACTS ESTABLISHED THE ABSENCE OF PREJUDICE

State Farm Mutual Automobile Insurance Company v. Curran, ___ So. 3d ___, 39 Fla. L. Weekly S122 (Fla. March 13, 2014)

In response to a question of great public important certified by the Fifth District Court of Appeal, the Florida Supreme Court held that the duty under an uninsured motorist policy to submit to a compulsory medical examination constitutes a … Click To Read Full Case Law Review...