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Blog Posts in June, 2017

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  • Florida First DCA rules that personal injury lawsuit against prison governed by four year SOL rather than one year SOL for lawsuits relating to conditions of confinement
    Florida First DCA rules that personal injury lawsuit against prison governed by four year SOL rather than one year SOL for lawsuits relating to conditions of confinement

    On June 23, 2017, in Parker v. The Geo Group, Inc. , No. 1D16-2611, the Florida First DCA reversed a trial court’s dismissal of an inmate’s personal injury complaint against a prison operator, ...

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  • Florida Second DCA rules that podiatrist could not offer pre-suit expert opinion concerning negligence of orthopedic surgeon
    Florida Second DCA rules that podiatrist could not offer pre-suit expert opinion concerning negligence of orthopedic surgeon

    On June 21, 2017, in Clare v. Lynch , No, 2D16-4052, the Florida Second DCA quashed a trial court’s order which had allowed the plaintiff’s medical negligence complaint to proceed forward ...

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  • Florida Fourth DCA rules that limitation on attorney's fees in Claims Bill was an unconstitutional impairment of contract
    Florida Fourth DCA rules that limitation on attorney's fees in Claims Bill was an unconstitutional impairment of contract

    On June 21, 2017, in Grossman Roth P.A. v. Mellon , No. 4D14-1766, the Florida Fourth DCA struck down a portion of a final judgment by a trial court setting attorney’s fees in a declaratory judgment ...

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  • Florida Fourth DCA rules that owner sleeping in back seat of vehicle was entitled to $100,000 cap on liability under F.S. 324.021(9)(b)(3) because he
    Florida Fourth DCA rules that owner sleeping in back seat of vehicle was entitled to $100,000 cap on liability under F.S. 324.021(9)(b)(3) because he "loaned" vehicle to driver

    On June 21, 2017, in Richbell v. Toussaint , 4D14-4549, the Florida Fourth DCA reversed a trial court’s ruling that a motor vehicle owner was not entitled to a $100,000 cap on his liability under F.S. ...

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  • Florida Fourth DCA rules that deceased smoker's statutory survivors were not entitled to SOL tolling for Engle class members because decedent knew of tobacco related illnesses in 1989
    Florida Fourth DCA rules that deceased smoker's statutory survivors were not entitled to SOL tolling for Engle class members because decedent knew of tobacco related illnesses in 1989

    On June 21, 2017, in Fanali v. R.J. Reynolds Tobacco Company , No. 4D16-67, the Florida Fourth DCA affirmed a summary judgment in favor of the defendant tobacco company on statute of limitations ...

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  • Florida Fourth DCA rules that proposal for settlement was not rendered unenforceable because it referenced but did not incorporate the language of a joint stipulation for dismissal
    Florida Fourth DCA rules that proposal for settlement was not rendered unenforceable because it referenced but did not incorporate the language of a joint stipulation for dismissal

    On June 21, 2017, in Sherman v. Savastano, No. 4D16-2793, the Florida Fourth DCA reversed a trial court’s ruling that a defendant’s proposal for settlement was ambiguous and unenforceable. The ...

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