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Blog Posts in March, 2017

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  • Florida Fourth DCA holds that defendant's Proposal for Settlement was enforceable despite use of broader language in Releases regarding parties and incidents covered
    Florida Fourth DCA holds that defendant's Proposal for Settlement was enforceable despite use of broader language in Releases regarding parties and incidents covered

    On March 22, 2017, in Costco v. Llanio-Gonzalez , the Florida Fourth DCA reversed a trial court’s denial of defendant’s motion for attorney’s fees under Florida Statute 768.79 and Florida Rule of ...

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  • Florida Fourth DCA reverses trial court's dismissal of complaint in personal injury lawsuit on statute of limitations grounds
    Florida Fourth DCA reverses trial court's dismissal of complaint in personal injury lawsuit on statute of limitations grounds

    On March 22, 2017, in Jane Doe No. 3 v. Nur-Ul-Islam Academy , No. 4D15-4722, the Florida Fourth DCA reversed a trial court’s dismissal of a complaint in a personal injury lawsuit on statute of ...

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  • Eleventh Circuit Court of Appeals rules that trial court did not err in finding inconsistent verdict during middle of clerk's pronouncement of verdict and instructing jury to reconsider verdict
    Eleventh Circuit Court of Appeals rules that trial court did not err in finding inconsistent verdict during middle of clerk's pronouncement of verdict and instructing jury to reconsider verdict

    On March 20, 2017, in Christiansen v. Wright Medical Technology , No. 16-12162, the Eleventh Circuit Court of Appeals ruled that the trial court did not err when the judge stopped the clerk during the ...

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  • Florida Fourth DCA rules that third-party defendant voluntarily dismissed from action could not be added as defendant after expiration of statute of limitations
    Florida Fourth DCA rules that third-party defendant voluntarily dismissed from action could not be added as defendant after expiration of statute of limitations

    On March 15, 2017, in McCray v . Bellsouth Telecommunications , No. 4D16-1073, the Florida Fourth District Court of Appeal affirmed the trial court’s denial of plaintiff’s motion to amend a complaint ...

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  • Florida Second DCA rules that Medicaid lien for past medical expenses does not extend to amount of personal injury settlement allocated to future medical expenses
    Florida Second DCA rules that Medicaid lien for past medical expenses does not extend to amount of personal injury settlement allocated to future medical expenses

    On March 10, 2017, in Willoughby v. AHCA , Case No. 2D15-4845, the Florida Second DCA ruled that a Medicaid lien for past medical expenses did not extend to the amount of a personal injury settlement ...

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  • Florida Fifth DCA reverses trial court's entry of summary judgment for premise liability defendants based on obvious danger doctrine
    Florida Fifth DCA reverses trial court's entry of summary judgment for premise liability defendants based on obvious danger doctrine

    On March 3, 2017, in Trainor v. PNC Bank , No. 5D15-4536, the Florida Fifth DCA reversed the trial court’s entry of summary judgment for the defendants in a premise liability case in which the ...

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