TORTS: MEDICAL MALPRACTICE: PRESUIT SCREENING REQUIREMENTS; CIVIL PROCEDURE: DISCOVERY: QUALIFICATIONS OF PRESUIT AFFIANT; APPEALS: CERTIORARI: IRREPARABLE HARM: DENIAL OF DISCOVERY CONCERNING QUALIFICATIONS OF PRESUIT AFFIANT DID NOT RESULT IN IRREPARABLE HARM BECAUSE PHYSICIAN COULD FILE A PETITION FOR CERTIORARI IF TRIAL COURT DENIED HIS MOTION TO DISMISS BASED UPON FAILURE TO COMPLY WITH PRESUIT REQUIREMENTS

Plantz v. John, ___ So. 3d ___, 40 Fla. L. Weekly D673 (Fla. 2d DCA March 18, 2015)

When the trial court in a medical malpractice case denied the defendant’s motion to compel discovery of the presuit affiant’s qualifications, the appellate court denied his petition for certiorari based on lack of jurisdiction. The defendant’s motion to dismiss based upon the … Click To Read Full Case Law Review...

FAMILY LAW: ATTORNEY’S FEES; CIVIL PROCEDURE: DISCOVERY: TRIAL COURT DEPARTED FROM ESSENTIAL REQUIREMENT OF LAW BY REQUIRING LAWYER FOR NON-PARTIES TO PRODUCE ITS BILLING RECORDS BECAUSE WIFE DID NOT PRODUCE EVIDENCE TO SHOW THAT THE RECORDS WERE RELEVANT; APPEALS: CERTIORARI: IRREPARABLE HARM: NON-PARTY THAT IS ORDERED TO PRODUCE RECORDS OVER ITS OBJECTION DOES NOT HAVE ADEQUATE REMEDY ON APPEAL

Presley Law and Associates, P.A. v. Casselberry, ___ So. 3d ___, 39 Fla. L. Weekly D2063 (Fla. 2d DCA October 1, 2014)

After the wife obtained a judgment against the husband in proceedings to dissolve their marriage, she sought to garnish trust funds in which the husband held an interest.  When the wife moved for attorney’s fees against the husband, … Click To Read Full Case Law Review...

ATTORNEY’S: RETAINING LIEN: SUA SPONTE ORDER TO MAKE FILE AVAILABLE FOR INSPECTION AND COPYING BY SUCCESSOR COUNSEL: MOTION FOR REHEARING WOULD NOT CURE DUE PROCESS VIOLATION; APPEALS: CERTIORARI: IRREPARABLE HARM  

Heims v. G.M.S. Marine Service Corporation, ___ So. 3d ___, 39 Fla. L. Weekly D1700 (Fla. 4th DCA August 13, 2014)

After a law firm asserted a retaining lien, the trial court sua sponte ordered the firm to make its file available for inspection and copying by successor counsel.  The appellate court granted the law firm’s petition for certiorari … Click To Read Full Case Law Review...