TORTS: NURSING HOME NEGLECT: ARBITRATION: TRIAL COURT ERRED BY GRANTING MOTION TO COMPEL ARBITRATION BECAUSE NURSING HOME PRODUCED ONLY SIGNATURE PAGE OF ARBITRATION AGREEMENT, LEAVING THE MATERIAL TERMS OF THE AGREEMENT SUBJECT TO QUESTION

Davis v. Hearthstone Senior Communities, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D268 (Fla. 2d DCA January 23, 2015)

The trial court erred by granting a nursing home’s motion to compel arbitration because the nursing home produced only the signature page of a seven page agreement, leaving the terms of the agreement subject to question. The record “fail[ed] … Click To Read Full Case Law Review...

TORTS: PREMISES LIABILITY: NEGLIGENCE: FAILURE TO PROVIDE ADEQUATE SECURITY: TRASH COLLECTOR STABBED BY GROCERY STORE PATRON; INSURANCE: NO DUTY TO DEFEND BASED UPON ASSAULT AND BATTERY EXCLUSION IN GROCER’S POLICY

Wilshire Insurance Company v. Poinciana Grocer, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D2338 (Fla. 5th DCA November 7, 2014)

The plaintiff, a trash collector, was stabbed on the defendant’s premises by one of the defendant’s patrons “as he left a convenience store after purchasing a large amount of alcoholic beverages.”  The plaintiff sued the defendant for … Click To Read Full Case Law Review...

TORTS: PERSONAL INJURY: MEDICAID LIEN: DECISION OF THIRD DISTRICT COURT OF APPEAL QUASHED BASED UPON WOS v. E.M.A., 133 S.Ct. 1391 (2013)

Garcon v. Florida Agency for Health Care Administration, ___ So. 3d ___, 39 Fla. L. Weekly S663 (Fla. November 6, 2014)

The issue in this case was “whether a plaintiff should be afforded the opportunity to demonstrate that a Medicaid lien exceeds the amount recovered by the plaintiff for medical expenses.” Based upon the decision of the United States Supreme … Click To Read Full Case Law Review...

REAL ESTATE: PARTITION: TORTS: CIVIL CONSPIRACY: LACK OF OVERT ACTS OR COMMON GOAL; TORTIOUS INTERFERENCE: LACK OF PROTECTED BUSINESS RELATIONSHIP; CIVIL PROCEDURE: DIRECTED VERDICT: SUMMARY JUDGMENT: ATTORNEY’S FEES: PROPOSAL FOR SETTLEMENT

Pakonis v. Clark, ___ So. 3d ___, 39 Fla. L. Weekly D1855 (Fla. 3d DCA September 3, 2014)

The appellate court affirmed: (1) summary judgment on the plaintiff’s claim for partition of real property because “nothing raised by [the defendant] created an issue of material fact as to [the plaintiff’s] entitlement to partition. . . .  The correctness of the … Click To Read Full Case Law Review...

POLITICAL CAMPAIGNS: TORTS: DEFAMATION: INVASION OF PRIVACY: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS: TEMPORARY INJUNCTION REVERSED: ARGUMENT OF COUNSEL WAS NOT EVIDENCE: ORDER GRANTING INJUNCTION DID NOT CONTAIN FACTUAL FINDINGS AND DID NOT DESCRIBE WITH PRECISION THE CONDUCT PROHIBITED: TEMPORARY INJUNCTIVE RELIEF IS NOT AVAILABLE TO PROHIBIT DEFAMATORY STATEMENTS: REPUBLICATION OF UNFAVORABLE NEWSPAPER ARTICLES DID NOT CONSTITUTE INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS: INVASION OF PRIVACY IS SUBJECT TO THE SAME FIRST AMENDMENT CONSIDERATIONS AS DEFAMATION AND PROVIDES A SEPARATE CAUSE OF ACTION FOR REDRESS: INJUNCTION WAS A PRIOR RESTRAINT ON SPEECH IN VIOLATION OF THE UNITED STATES CONSTITUTION

Concerned Citizens for Judicial Fairness, Inc. v. Yacucci, ___ So. 3d ___, 39 Fla. L. Weekly D1869 (Fla. 4th DCA September 3, 2014)

An incumbent judge sued his challenger and his corporate sponsor for defamation, invasion of privacy, and the intentional infliction of emotional distress based upon the publication of unfavorable newspaper articles on the sponsor’s website.  The trial … Click To Read Full Case Law Review...