Daytona Beach Personal Injury Lawyers
Free Consultations 386.204.3934

Blog Posts in December, 2017

All Posts
  • Florida Fourth DCA rules that medical negligence plaintiff should have been allowed to amend admission to correct legal error made by plaintiff's previous attorney
    Florida Fourth DCA rules that medical negligence plaintiff should have been allowed to amend admission to correct legal error made by plaintiff's previous attorney

    On December 13, 2017, in Clemons v. Namnum , No. 4D16-3558, the Florida Fourth DCA reversed a trial court’s summary judgment ruling in favor a medical negligence defendant. The plaintiff had filed a ...

    Read More
  • Florida Fourth DCA upholds trial court discovery order requiring alleged hit-and-run driver defendant in wrongful death case to turn over copies of all social media accounts
    Florida Fourth DCA upholds trial court discovery order requiring alleged hit-and-run driver defendant in wrongful death case to turn over copies of all social media accounts

    On December 13, 2017, in Wright v. Morsaw , No, 4D17-0589, the Florida Fourth DCA denied the certiorari petition of an alleged hit-and-run driver in a wrongful death case who had sought to quash the ...

    Read More
  • Eleventh Circuit rejects qualified immunity claim of defendant officers in civil rights case involving allegations of excessive force and invasion of bodily privacy
    Eleventh Circuit rejects qualified immunity claim of defendant officers in civil rights case involving allegations of excessive force and invasion of bodily privacy

    On December 19, 2017, in Brand v. Casal , No. 16-10256, the Eleventh Circuit Court of Appeals affirmed in part and reversed in part a trial court’s rulings on various summary judgment motions, ...

    Read More
  • Florida Third DCA rules that Fla.R.Civ.P. 1.530 motion for rehearing permitted when plaintiff's case was dismissed under Fla.R.Civ.P. 1.420(e) for lack of prosecution
    Florida Third DCA rules that Fla.R.Civ.P. 1.530 motion for rehearing permitted when plaintiff's case was dismissed under Fla.R.Civ.P. 1.420(e) for lack of prosecution

    On November 29, 2017, in McGrath v. Martin , No. 3D15-1821, the Florida Third DCA reversed a trial court’s ruling denying a plaintiff a rehearing under Fla.R.Civ.P. 1.530 of the trial court’s ...

    Read More
  • Florida Supreme Court resolves circuit conflict, rules that Florida's comparative fault statute does not apply to Engle progeny tobacco cases involving intentional torts
    Florida Supreme Court resolves circuit conflict, rules that Florida's comparative fault statute does not apply to Engle progeny tobacco cases involving intentional torts

    On December 14, 2017, in Schoeff v. R.J. Reynolds Tobacco Company , No. SC15-2233, the Florida Supreme Court resolved a circuit conflict between the First and Fourth DCAs, ruling that Florida’s ...

    Read More
  • Florida Second DCA rules that trial court must make factual findings regarding medical negligence plaintiff's compliance with pre-suit requirements before denying motion to dismiss
    Florida Second DCA rules that trial court must make factual findings regarding medical negligence plaintiff's compliance with pre-suit requirements before denying motion to dismiss

    On December 13, 2017, in PP Transition, LP v. Munson , No. 2D17-136, the Florida Second DCA quashed a trial court’s order denying a medical negligence defendant’s motion to dismiss. The defendant had ...

    Read More