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Blog Posts in October, 2017

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  • Florida Fourth DCA rules that proposals for settlement are not subject to the e-mail requirements of Florida Rule of Judicial Administration 2.516
    Florida Fourth DCA rules that proposals for settlement are not subject to the e-mail requirements of Florida Rule of Judicial Administration 2.516

    On October 25, 2017, in McCoy v. R.J. Reynolds Tobacco Company , No., 4D16-1378, the Florida Fourth DCA reversed a trial court’s order denying a prevailing plaintiff an award of attorney’s fees under ...

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  • Florida Fourth DCA holds that statute of limitations for legal malpractice case did not begin to run until entry of amended final judgment following reversal of final judgment on appeal
    Florida Fourth DCA holds that statute of limitations for legal malpractice case did not begin to run until entry of amended final judgment following reversal of final judgment on appeal

    On October 25, 2017, in Forest v. Batts , No. 4D16-4066, the Florida Fourth DCA reversed a trial court’s entry of a summary judgment for the defense in a legal malpractice case. The legal malpractice ...

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  • Florida Supreme Court rules that
    Florida Supreme Court rules that "adverse medical incident reports" subject to disclosure to patients under Florida Constitution include external peer review reports

    On October 26, 2017, in Edwards v. Thomas , No. SC15-1893, the Florida Supreme Court quashed a Florida Second DCA decision which had held that external peer review reports were not subject to ...

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  • Florida Second DCA rules that bankruptcy estate trustee can pursue negligence action against debtor's attorneys even though tort judgment against debtor was discharged by bankruptcy court
    Florida Second DCA rules that bankruptcy estate trustee can pursue negligence action against debtor's attorneys even though tort judgment against debtor was discharged by bankruptcy court

    On October 25, 2017, in Herendeen v. Mandelbaum , No. 2D15-4300, the Florida Second DCA ruled that a bankruptcy estate trustee was entitled to pursue a professional negligence action against a law ...

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  • Florida Fourth DCA rules that improperly mailed civil remedy notice to insurer did not bar subsequent bad faith claim because insurer's response effectively waived objection
    Florida Fourth DCA rules that improperly mailed civil remedy notice to insurer did not bar subsequent bad faith claim because insurer's response effectively waived objection

    On October 18, 2017, in Evergreen Lakes HOA, Inc. v. Lloyd’s Underwriters at London , No. 4D16-2657, the Florida Fourth DCA reversed a trial court’s entry of summary judgment in favor of a property ...

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  • Florida Fifth DCA reverses trial court's grant of new trial to the plaintiff in slip and fall case, finds defense verdict was not against manifest weight of the evidence
    Florida Fifth DCA reverses trial court's grant of new trial to the plaintiff in slip and fall case, finds defense verdict was not against manifest weight of the evidence

    On October 20, 2017, in Allstar Cleaning Service v. Grinwis , No. 5D16-2617, the Florida Fifth DCA reversed a trial court’s order granting the plaintiff a new trial in a slip and fall case. The trial ...

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