the holding in Public Health Trust of Dade County v. Valcin, 507 So. 2d 596 (Fla. 1987)
|
|
- Eleanor Austin
- 8 years ago
- Views:
Transcription
1 IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT, IN AND FOR SARASOTA COUNTY, FLORIDA KLAUS A. ROESSLER, CASE NO CA-01 Plaintiff, vs. RUSSELL W. NOVAK, M.D., SARASOTA SURGICAL SPECIALISTS, P.A., a Florida corporation, RICHARD J. LICHTENSTEIN, M.D., SMH RADIOLOGY ASSOCIATES, P.A., a Florida corporation, SARASOTA COUNTY PUBLIC HOSPITAL BOARD, d/b/a SARASOTA MEMORIAL HOSPITAL, Defendants. / PLAINTIFF S MOTION IN LIMINE FOR JURY INSTRUCTION THAT AS A MATTER OF LAW IT IS PRESUMED THAT THE DEFENDANT NOVAK WAS NEGLIGENT DUE TO THE DEFENDANTS FAILURE TO PRODUCE EVIDENCE IN THEIR POSSESSION THAT WOULD SUPPORT THE PLAINTIFF S CLAIM AND MAKES THE PLAINTIFF S CASE MORE DIFFICULT TO PROVE Plaintiff, Klaus A. Roessler ( Plaintiff ), pursuant to Florida Statute section and the holding in Public Health Trust of Dade County v. Valcin, 507 So. 2d 596 (Fla. 1987) responds to Defendant s Motion to Dismiss or Strike Count II of Plaintiff s Amended Complaint and moves for an order in limine establishing his entitlement to a jury instruction that the Defendant Novak is presumed to have provided negligent care to the Plaintiff and as grounds would show the Court: I. Relief Sought Plaintiff, as a result of the holding in Martino v. Wal-Mart Stores, Inc., 908 So. 2d 342 (Fla. 2005) and pursuant to the holding in Public Health Trust of Dade County v. Valcin, 507 So. 2d 596 (Fla. 1987), seeks a ruling, in limine, that there is a presumption that the Defendant
2 Novak was negligent in the care and treatment of the Plaintiff. To obtain this presumption the Plaintiff must establish that to the Court s satisfaction that the absence of the x-rays sufficiently hinders Plaintiff s ability to proceed with his case against Dr. Novak such that the presumption is necessary to serve the purpose of justice. Id. at 599. II. Background This lawsuit arises from Defendants alleged medical malpractice. The Complaint alleges claims for medical negligence, Count I, and for spoliation of evidence, Count II. The claim for spoliation of evidence is predicated on the Defendants inability to produce evidence within their control, namely, x-rays that Plaintiff brought with him to the Defendant, Hospital. The facts giving rise to the claim for spoliation are that prior to seeing Dr. Novak at the Defendant Hospital, the Plaintiff was seen by doctor at a family clinic who ordered x-rays of his abdomen and chest. The doctor at the family clinic, after examining Plaintiff and reviewing the x-rays, diagnosed Plaintiff with a perforated intestinal organ (viscus), contacted Dr. Novak and sent Plaintiff, with the x-rays to see Dr. Novak at the Defendant Hospital s Emergency Department. The Plaintiff alleges that Dr. Novak, despite reviewing both x-rays or failing to review the x-ray of the abdomen, failed to diagnose the Plaintiff with a perforated viscus. Neither, it is alleged, did he take or order any tests to rule out a perforated viscus, when Plaintiff presented at the hospital. Plaintiff contends Dr. Novak failed to meet the standard of care by incorrectly interpreting the x-rays, by failing to order the proper tests to rule out a perforated viscus and failing to properly diagnose Plaintiff. The x-rays, therefore, if available, would be direct evidence of Dr. Novak s negligence and the absence of the x-rays sufficiently hinders Plaintiff s ability to proceed with his case against Dr. Novak -2-
3 Plaintiff s allegations in Count II set forth a first party claim for spoliation of evidence as recognized in Bondu v. Gurvich, 473 So 2d 1307 (Fla. 3d DCA 1984), rev. denied, 484 So.2d 7 (Fla. 1986); wherein the Third District Court of Appeal held that a first party claim for spoliation of evidence existed on behalf of a wife, whose husband died during surgery, and that she was entitled to bring an action for negligent failure to preserve evidence [spoliation of evidence] against a hospital and its physicians where the hospital misplaced records which were indispensable to the plaintiff's medical malpractice action. Recently, however, the Florida Supreme Court accepted review of Martino v. Wal-Mart Stores, Inc., 835 So. 2d 1251 (Fla. 4th DCA 2003) based on the Fourth District s certification that it was in direct conflict with Bondu, supra, and rejected the holding in Bondu, holding there is no first party spoliation of evidence claim. Martino v. Wal-Mart Stores, Inc., 908 So. 2d 342 (Fla. 2005). In Martino, The Supreme Court limited its consideration to the issue on which conflict was certified: whether an independent cause of action should exist for first-party spoliation of evidence. Id. at 346. After discussing the Third District s opinions in Bondu, supra, and Valcin, supra, the Supreme Court held: Id. at 347. Now that we consider whether the remedy against a first-party defendant for spoliation of evidence should be the Valcin presumption and sanctions, if found to be necessary, or an independent cause of action, we decide in favor of the Valcin presumption and sanctions. Martino has not demonstrated that there is any need to change our reliance on the Valcin presumption and instead recognize an independent cause of action for first-party spoliation of evidence. As a result there is no longer any first party claim for spoliation. However, Florida Courts are now required to inform the jury that there is a presumption of negligence where the absence of evidence, that was in the control of the other party, sufficiently hinders Plaintiff s -3-
4 ability to proceed. Public Health Trust of Dade County v. Valcin, 507 So. 2d 596, 599 (Fla. 1987) III. Motions in Limine The Florida Rule of Civil Procedure expressly authorize motions in limine. See, Fla. R. Civ. P (a)(6). The Latin phrase, in limine, literally means at the beginning. Hence, motions in limine are motions made at the very start of a trial to obtain rulings on the admissibility of evidence. Motions in limine can be used as either swords to admit evidence or shields to prohibit its admission. See, e.g., Iowa Nat. Ins. Co. v. Worthy, 447 So. 2d 998, 1000 (Fla. 5th DCA 1984); Bracey v. Reynolds, 414 So. 2d 1081, 1082 (Fla. 4th DCA 1982). Although Rule 1.200(a)(6) contemplates a written pretrial motion and a hearing on the motion, Florida courts do not absolutely require a written motion and notice when an oral motion is akin to an evidentiary objection at trial. Dailey v. Multicon Development, Inc., 417 So. 2d 1106, 1107 (Fla. 4th DCA 1982). IV. Plaintiff is Entitled to a Presumption of Negligence The Florida Supreme Court s opinion in Public Health Trust of Dade County v. Valcin, 507 So. 2d 596 (Fla. 1987) and Martino v. Wal-Mart Stores, Inc., 908 So. 2d 342 (Fla. 2005) compel a presumption of negligence against Dr. Novak and in favor of the Plaintiff. The issue in Valcin v. Public Health Trust, 473 So.2d 1297 (Fla. 3d DCA 1984), just as Bondu v. Gurvich, 473 So.2d 1307 (Fla. 3d DCA 1984), involved missing medical records which impacted a plaintiff s ability to prove a medical malpractice case. In Valcin, due to the relief requested, the District Court did not address whether a cause of action for spoliation existed but rather, adopted a scheme of evidentiary presumptions to be utilized where the absence of medical -4-
5 records, specifically surgical operative notes, impaired the plaintiff's ability to establish his case for malpractice. The Florida Supreme Court did not review Bondu, but the Court did review Valcin, at 507 So. 2d 586 (Fla. 1987). In Valcin, the Supreme Court adopted the Third District s opinion to the extent that it established a rebuttable presumption of negligence when the plaintiff establishes, to the satisfaction of the court, that the absence of the records hinders his ability to establish a prima facie case. Id. at 599. The holding in Valcin is directly applicable to the instant matter. In Valcin, the Court held that the failure of the Defendants to produce an operative report would result in a presumption of negligence in order to equalize the parties' respective positions in regard to the evidence and to allow the plaintiff to proceed. Id. at 600. While the missing operative report did not mean there was malpractice by the surgeon, its absence did impair the Plaintiff s ability to produce expert testimony on the conduct of the operation. Id. Likewise, in the instant matter, the missing x-rays do not mean there was malpractice by Dr. Novak; however their absence precludes the Plaintiff from introducing testimony by an expert that the x-rays demonstrates Dr. Novak s malpractice. Accordingly, as a matter of policy, the only way to resolve the missing evidence and equalize the parties position is a presumption of negligence by Dr. Novak that under section (2) shifts the burden of proof, ensuring that the issue of negligence goes to the jury. Id. at 600. As the Supreme Court explained: Although we approve the district court's adoption of the rebuttable presumption, applicable when essential medical records are unavailable due to the adverse parties' negligence, we must clarify its application in certain respects. We first stress the limited function of the presumption. The absence of a surgical note will not necessarily bear on the issues in a malpractice action based solely on, for example, failure to obtain an informed consent or failure to properly diagnose an illness. It should apply only when -5-
6 necessary to serve the purposes of justice. In other words, a plaintiff must first establish to the satisfaction of the court that the absence of the records hinders his ability to establish a prima facie case. In Patrick v. Sedwick, 391 P.2d 453, 457 (Alaska 1964), for example, the Alaska Supreme Court noted that "it was incumbent upon the appellee surgeon to have described accurately and fully in his report of the operation everything of consequence that he did and which his trained eye observed during the operation... if these requirements had been met the report would... more likely... have supplied sufficient facts to have permitted expert witnesses to testify on the question of negligence." 507 So. 2d 596 at 599. CASE NO NC The jury must be informed of the presumption of negligence because as the Supreme Court stated in Valcin, A vanishing presumption will not assist a plaintiff in proving his case. If the plaintiff is in fact sufficiently "hindered" by the absence of an operative note, odds are that the defendant's production of some evidence of non-negligence will not place the plaintiff in a better position. Testimony based on the selective recollections of the surgeon and his staff would be considered "substantial" enough to "burst the bubble," thus keeping the presumption from the jury. See Gulle v. Boggs, 174 So.2d 26 (Fla. 1965); see also Baughman v. Vann, 390 So.2d 750 (Fla. 5th DCA 1980); Brethauer v. Brassell, 347 So.2d 656 (Fla. 4th DCA 1977). Plaintiff could rarely prove negligence by a preponderance of the evidence when the presumption has given him nothing more than the self-serving testimony of the defendant. Accordingly, the presumption remains unless the trier of fact, the jury, determines there is sufficient evidence to overcome it. Id at 600. See also Hagopian v. Publix Supermarkets, Inc., 788 So. 2d 1088 (Fla 4 th DCA 2001), which reversed the trial court s directed verdict and confirmed that a jury instruction on the presumption should be given during the retrial. V. Conclusion In the instant matter, the missing x-rays do not necessarily mean Dr. Novak committed malpractice, anymore than the missing operative report meant that the surgeon in Valcin -6-
7 committed malpractice. However, in both cases their absences impaired and here impairs the ability of the Plaintiffs to present their claims for malpractice. Accordingly, this Plaintiff, just as the plaintiff in Valcin, is legally entitled to a jury instruction that the negligence of Dr. Novak is presumed. CERTIFICATE OF SERVICE WE DO HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by mail this day of January, 2006 to: CHARLES C. PAPY, III, ESQUIRE, Duane Morris & Heckscher, LLP, 200 S. Biscayne Blvd., Suite 3400, Miami, FL 33131; G. HUNTER GIBBONS, ESQUIRE, Dickinson & Gibbons, P.A., 1750 Ringling Blvd., Sarasota, FL 34236; LYNN GROSECLOSE, ESQUIRE, Thompson, Goodis, Thompson, et al., 1201 Sixth Avenue West, #326, Bradenton, FL 34205; KENNETH C. DEACON, JR., ESQUIRE, Deacon & Moulds, P.A., 100 Second Avenue South, #902S, St. Petersburg, FL and RUSSELL S. BUHITE, ESQUIRE, Fowler, White, et al., Post Office Box 1438, Tampa, FL ROMANO, ERIKSEN & CRONIN Post Office Box West Palm Beach, FL Tel: (561) FAX: (561) Attorneys for Plaintiff By: JOEL S. CRONIN Florida Bar No MIA\
IN THE SUPREME COURT OF FLORIDA CASE NO. 04-1461 STATE OF FLORIDA, Appellant, vs. SEAN E. CREGAN, Appellee.
IN THE SUPREME COURT OF FLORIDA CASE NO. 04-1461 STATE OF FLORIDA, Appellant, vs. SEAN E. CREGAN, Appellee. ************************************************************** ** ON APPEAL FROM THE CIRCUIT
More informationNOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ALFREDO MEJIA, ) ) Appellant, ) ) v. ) Case No. 2D13-2248 ) CITIZENS
More informationHow To Change A Personal Injury Case Into A Wrongful Death Case In Florida
IN THE SUPREME COURT OF FLORIDA CASE NO. SC11-1173 L.T. NO. 3D10-488 JOAN RUBLE, as Personal Representative of the Estate of LANCE RUBLE, deceased, Petitioner, vs. RINKER MATERIALS CORPORATION, RINKER
More informationFILED AND. TARASKA, GROWER, UNGER & KETCHAM, P.A. Ateorneys for Defendants SHIRLEY DOELFEL, ET VIR. vs. THOMAS P. TREVISANI, M.D., ET AL. Respondents.
SUPREME COURT OF FLORIDA SHIRLEY DOELFEL, ET VIR. vs. Petitioners, CASE NO: 83,218 District Court of Appeal 5th District - No. 93-2808 FILED THOMAS P. TREVISANI, M.D., ET AL. Respondents. I RESPONDENTS',
More information... IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA CASE NO: 66,025 BRUCE WAXMAN, Petitioner, JOSEPH TILLMAN, et a1., Respondents.
... IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA CASE NO: 66,025 BRUCE WAXMAN, Petitioner, v. JOSEPH TILLMAN, et a1., Respondents. BRIEF OF CROSS-PETITIONER TILLMAN ON JURISDICTION KOCHA & HOUSTON,
More informationNOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO
Filed 8/27/14 Tesser Ruttenberg etc. v. Forever Entertainment CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying
More informationIN THE SUPREME COURT OF FLORIDA CASE NO. 72,322. JOHN INSINGA, as personal Representa. Appellant, vs.
IN THE SUPREME COURT OF FLORIDA CASE NO. 72,322 / JOHN INSINGA, as personal Representa of the Estate of MILDRED INSINGA, Dec Appellant, vs. ICHELLE LaBELLA et al., and HUMANA, d/b/a BISCAYNE MEDICAL CENTER,
More informationIN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA.
IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA. CASE NO.: 16- DIVISION: CV- vs. Plaintiff, Defendant. ORDER SETTING CASE FOR JURY TRIAL AND PRETRIAL CONFERENCE AND REQUIRING
More informationIN THE SUPREME COURT OF FLORIDA. v. L.T. Case No. 4D07-437 PETITIONERS BRIEF ON JURISDICTION. Florida Bar No. 991856 Florida Bar No.
IN THE SUPREME COURT OF FLORIDA HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA, INC.; MANORCARE HEALTH SERVICES, INC., d/b/a, HEARTLAND HEALTH CARE, Petitioners, Case No. SC07-1849 v. L.T. Case No.
More informationSUPREME COURT OF FLORIDA PETITIONER S INITIAL BRIEF ON JURISDICTION
AA-53816-5/reo/20330947 L.T. CASE NO. 5D06-3639 SUPREME COURT OF FLORIDA RANDALL B. WHITNEY, M.D., JAMES SCOTT PENDERGRAFT, IV, M.D., and ORLANDO WOMEN'S CENTER, INC., a Florida corporation, Petitioners,
More informationIN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA BARBRA R. JOYNER, Appellant, CASE NO.: 2012-CV-000003-A-O Lower Case No.: 2010-CC-010676-O v. ONE THOUSAND OAKS, INC.,
More informationCASE NO. 1D15-1966. The instant appeal originated with a medical malpractice complaint filed by
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JAN COLVIN AND WADE COLVIN, v. Appellants, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D14-279
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED JESSE SANCHEZ, Appellant, v. Case No. 5D14-279
More informationCommonwealth Of Kentucky Court of Appeals
RENDERED: OCTOBER 27, 2006; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth Of Kentucky Court of Appeals NO. 2005-CA-002095-MR DEBRA IRELAND APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE MARTIN
More informationIN THE SUPREME COURT OF FLORIDA (Lower Court Case No.: 4D05-746) CASE NO. SC05-1395 STATE OF FLORIDA, Petitioner, vs. JEFFREY LOVELACE, Respondent.
IN THE SUPREME COURT OF FLORIDA (Lower Court Case No.: 4D05-746) CASE NO. SC05-1395 STATE OF FLORIDA, Petitioner, vs. JEFFREY LOVELACE, Respondent. ****************************************** PETITIONER=S
More informationIN THE SUPREME COURT OF FLORIDA APPEAL NO. 71,853 RESPONDENTS' BRIEF
IN THE SUPREME COURT OF FLORIDA APPEAL NO. 71,853 AARON SCHNEIDER, M.D. and A. SCHNEIDER, M.D., P.A. Petitioners, UNDERWRITERS' ADJUSTING CO./ THE FAMILY MART, Respondents. RESPONDENTS' BRIEF PETER H.
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT CRISTOBAL COLON, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. Case No.
More informationNo. 2009-355-Appeal. (PC 04-5582) O R D E R. The plaintiff, George Giusti, appeals from an order disqualifying the plaintiff s proposed
Supreme Court No. 2009-355-Appeal. (PC 04-5582) George Giusti : v. : State of Rhode Island et al. : O R D E R The plaintiff, George Giusti, appeals from an order disqualifying the plaintiff s proposed
More informationIN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA FRANK GAY PLUMBING, INC. Appellant, CASE NO.: 2012-CV-19 Lower Case No.: 2011-SC-6767-A- O v. MCO ENTERPRISES, INC.,
More informationDISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2010
GROSS, C.J. DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2010 DEPARTMENT OF CHILDREN AND FAMILIES, Appellant, v. D.B.D., the father, Appellee. No. 4D09-4862 [August 25, 2010]
More informationSUPREME COURT OF FLORIDA Case No. SC05-1150
SUPREME COURT OF FLORIDA Case No. SC05-1150 In Re: Petition to Amend Rule Rule 4-1.5(f)(4)(B) of the Rules of Professional Conduct / as follows: RESPONSE OF HARRY A. SHEVIN, ESQUIRE IN OPPOSITION TO PETITION
More informationCIVIL DIVISION PLAINTIFF S PROPOSED JURY INSTRUCTIONS. The Plaintiff, JENNIFER WINDISCH, by and through undersigned counsel, and
IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA JENNIFER WINDISCH, Plaintiff, v. CIVIL DIVISION CASE NO: 2007-CA-1174-K JOHN SUNDIN, M.D., RHODA SMITH, M.D., LAURRAURI
More informationv. CASE NO.: CVA1 09-16 Lower Court Case No.: 2008-CC-7009-O
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA ELOURDE COLIN, Appellant, v. CASE NO.: CVA1 09-16 Lower Court Case No.: 2008-CC-7009-O PROGRESSIVE AMERICAN INSURANCE
More informationCIVIL DIVISION CASE NO:
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA KHASAN GRACE, individually and as parent and natural guardian of ANDREW MASON GRACE, a minor, Plaintiff, CIVIL DIVISION
More information/ s D. WW TE IN THE SUPREME COURT OF FLORIDA. vs. MARGARITA J. PALMA,
IN THE SUPREME COURT OF FLORIDA / s D. WW TE STATE FARM FIRE & CASUALTY COMPANY, vs. Petitioner CASE NO. 78,766 MARGARITA J. PALMA, Respondent PETITIONER S BRIEF ON JURISDICTION J CHARLES W. MUSGROVE,
More informationv. CASE NO.: 2010-CV-15-A Lower Court Case No.: 2008-CC-19076-O
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA MAURICIO CHIROPRACTIC WEST, as assignee of Alesha Kirkland, Appellant, v. CASE NO.: 2010-CV-15-A Lower Court Case No.:
More informationIN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE In the Matter of a ) Uniform Pretrial Order ) ) Administrative Order 3AO-03-04 (Amended) UNIFORM PRETRIAL ORDER In order
More informationThe N.C. State Bar v. Wood NO. COA10-463. (Filed 1 February 2011) 1. Attorneys disciplinary action convicted of criminal offense
The N.C. State Bar v. Wood NO. COA10-463 (Filed 1 February 2011) 1. Attorneys disciplinary action convicted of criminal offense The North Carolina State Bar Disciplinary Hearing Commission did not err
More informationSUPREME COURT OF FLORIDA Case No.: SC05-1864
SUPREME COURT OF FLORIDA Case No.: SC05-1864 BRANDON REGIONAL HOSPITAL, vs. Petitioner, MARIA MURRAY and DANIEL S. MURRAY, et. al. Respondents. ON DISCRETIONARY REVIEW FROM THE DISTRICT COURT OF APPEAL,
More informationHow To Admit Blood Alcohol Test Results
IN THE SUPREME COURT OF FLORIDA JAMES C. BABER, Petitioner, vs. STATE OF FLORIDA, Respondent. : : : Case No. : : : 96,010 DISCRETIONARY REVIEW OF DECISION OF THE DISTRICT COURT OF APPEAL OF FLORIDA FOURTH
More informationIN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA APPELLATE DIVISION
County Civil Court: INSURANCE Personal Injury Protection Policy language stating that any amounts payable under this coverage shall be subject to any and all limitations including, but not limited to,
More informationIN THE SUPREME COURT OF FLORIDA. v. S.C. Case No.: SC02-796 Lower Ct. Case No.: 1D01-1073 PETITIONER S REPLY BRIEF ON THE MERITS
IN THE SUPREME COURT OF FLORIDA EVELYN BARLOW, as Personal Representative of the Estate of SAMUEL EDWARD BARLOW and EVELYN BARLOW, individually, Petitioner, v. S.C. Case No.: SC02-796 Lower Ct. Case No.:
More informationNOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED OF FLORIDA
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ANDRE SAS, Appellant, v. Case No. 2D14-1003 FEDERAL NATIONAL MORTGAGE
More informationUNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division
PUBLISHED UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division IN RE: WILLIAM G. DADE ) Case No. 00-32487 ANN E. DADE ) Chapter 7 Debtors. ) ) ) DEBORAH R. JOHNSON ) Adversary
More informationRULE 1. ASSIGNMENT OF CASES
LOCAL RULES FOR FOURTH CIRCUIT COURT DISTRICT OF MISSISSIPPI [Renumbered and codified by order of the Supreme Court effective May 18, 2006; amended effective April 23, 2009.] RULE 1. ASSIGNMENT OF CASES
More informationSenate Bill No. 292 Senator Roberson
Senate Bill No. 292 Senator Roberson CHAPTER... AN ACT relating to civil actions; providing immunity from civil actions for a board of trustees of a school district or the governing body of a charter school
More informationIN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA PROGRESSIVE AMERICAN INSURANCE COMPANY, CASE NO.: 2014-CV-000079-A-O Lower Case No.: 2012-SC-002127-O Appellant, v.
More informationIN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA USAA CASUALTY INSURANCE COMPANY, Appellant, CASE NO.: 2014-CV-000005-A-O Lower Case No.: 2012-SC-012076-O v. EMERGENCY
More informationLEGAL MALPRACTICE AND THE CRIMINAL DEFENSE ATTORNEY By Peter L. Ostermiller
LEGAL MALPRACTICE AND THE CRIMINAL DEFENSE ATTORNEY By Peter L. Ostermiller Occasionally, a defendant, while incarcerated and apparently having nothing better to do, will file a Motion under RCr. 11.42,
More informationSUPREME COURT OF THE STATE OF ARIZONA
IN THE SUPREME COURT OF THE STATE OF ARIZONA KRISTINA R. DOBSON, Petitioner, v. THE HONORABLE CRANE MCCLENNEN, JUDGE OF THE SUPERIOR COURT OF THE STATE OF ARIZONA, IN AND FOR THE COUNTY OF MARICOPA, Respondent
More informationIN THE SUPREME COURT STATE OF FLORIDA TALLAHASSEE, FLORIDA RESPONDENT'S ANSWER BRIEF W+ CLINTON WALLACE, ESQUIRE. J^s . CLINTON WALLACE, P.A.
IN THE SUPREME COURT STATE OF FLORIDA TALLAHASSEE, FLORIDA NATIONWIDE m A L FIRE INSURANCE COMPANY, vs. Petitioner, ) CASE NO. 82,832 ) RICHARD D. POUNDERS, as Personal Representative of the Estate of
More information2014 IL App (1st) 122440-U. No. 1-12-2440 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT
2014 IL App (1st) 122440-U SECOND DIVISION July 29, 2014 No. 1-12-2440 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances
More informationHow To Prove Libel Per Quod Vs. Patt Beall
IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. 63,753 MID-FLORIDA TELEVISION CORP., et al., and PAT BEALL, vs. JACK BOYLES, Defendants, Petitioners, Plaintiff, Respondent PETITION,, TO INVOKE DISCRETIONARY
More informationTORT AND INSURANCE LAW REPORTER. Informal Discovery Interviews Between Defense Attorneys and Plaintiff's Treating Physicians
This article originally appeared in The Colorado Lawyer, Vol. 25, No. 26, June 1996. by Jeffrey R. Pilkington TORT AND INSURANCE LAW REPORTER Informal Discovery Interviews Between Defense Attorneys and
More informationIN THE SUPREME COURT OF FLORIDA
IN THE SUPREME COURT OF FLORIDA CHRISTOPHER JOHNSON, Petitioner/Defendant, v. Case No.: SC09-1045 Lower Case Nos.:4D08-3090; 07-10734 CF10B STATE OF FLORIDA, Respondent/Plaintiff. / PETITIONER S JURISDICTIONAL
More informationIN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA MEDICAL THERAPIES, LLC, f/k/a MEDICAL THERAPIES, INC., d/b/a ORLANDO PAIN CLINIC, as assignee of SONJA M. RICKS, CASE
More informationRECENT MEDICAL MALPRACTICE CASES By Judge Bryan C. Dixon 1. MERE TELEPHONE CONVERSATION WITH TREATING DOCTOR DOES NOT ESTABLISH DUTY TO PATIENT
RECENT MEDICAL MALPRACTICE CASES By Judge Bryan C. Dixon 1. MERE TELEPHONE CONVERSATION WITH TREATING DOCTOR DOES NOT ESTABLISH DUTY TO PATIENT Jennings v. Badgett, 2010 OK 7 Facts: Plaintiffs are parents
More informationBEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION. INQUIRY CONCERNING A JUDGE, THE HONORABLE JOHN LAKIN No. 15-524 / NOTICE OF FORMAL CHARGES
Filing # 37254035 E-Filed 02/01/2016 03:02:11 PM BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION INQUIRY CONCERNING A JUDGE, THE HONORABLE JOHN LAKIN No. 15-524 / SC16- NOTICE OF FORMAL CHARGES RECEIVED,
More informationIN THE SUPREME COURT OF FLORIDA. Case No. 71,908
IN THE SUPREME COURT OF FLORIDA -- Case No. 71,908 WILLIAM P. MAHAN, M.D., and W. P. MAHAN, M.D., P.A., VS. Petitioners, VINCO PLASTERING & DRYWALL; FLORIDA EMPLOYERS INSURANCE SERVICE CORP.; and JOE HARRIS
More informationRICHARD D. FIORUCCI, ET AL. OPINION BY v. Record No. 131869 JUSTICE ELIZABETH A. McCLANAHAN OCTOBER 31, 2014 STEPHEN CHINN
PRESENT: All the Justices RICHARD D. FIORUCCI, ET AL. OPINION BY v. Record No. 131869 JUSTICE ELIZABETH A. McCLANAHAN OCTOBER 31, 2014 STEPHEN CHINN FROM THE CIRCUIT COURT OF THE CITY OF ALEXANDRIA James
More informationThe Truth About CPLR Article 16
The DelliCarpini Law Firm Melville Law Center 877.917.9560 225 Old Country Road fax 631.923.1079 Melville, NY 11747 www.dellicarpinilaw.com John M. DelliCarpini Christopher J. DelliCarpini (admitted in
More informationIN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY CIVIL TRIAL DIVISION
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY CIVIL TRIAL DIVISION PHYLLIS BROWN v. AUGUST TERM, 1997 NO. 0787 ALBERT EINSTEIN MEDICAL CENTER, and GUY HEWLETT, M.D. ------------------------------------------------------------------------------------------------------------------
More informationIN THE SUPREME COURT OF FLORIDA. v. Case No. SC12-1507 ON PETITION FOR REVIEW FROM THE SECOND DISTRICT COURT OF APPEAL STATE OF FLORIDA
IN THE SUPREME COURT OF FLORIDA REGINALD BRYANT, PETITIONER, v. Case No. SC12-1507 STATE OF FLORIDA, RESPONDENT, ON PETITION FOR REVIEW FROM THE SECOND DISTRICT COURT OF APPEAL STATE OF FLORIDA JURISDICTIONAL
More informationCOURT OF COMMON PLEAS CLERMONT COUNTY, OHIO. Plaintiffs : CASE NO. 2012 CVA 01052
COURT OF COMMON PLEAS CLERMONT COUNTY, OHIO FRANKLIN MILLER, et al., : Plaintiffs : CASE NO. 2012 CVA 01052 vs. : Judge McBride H&G NURSING HOMES, INC., et al., : DECISION/ENTRY Defendants : Slater & Zurz,
More informationBRUCE LYNN CRUM, CASE NO. CVA1 07-83 County Court Case No. 07-TR-154449-O Appellant,
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA BRUCE LYNN CRUM, CASE NO. CVA1 07-83 County Court Case No. 07-TR-154449-O Appellant, vs. STATE OF FLORIDA, Appellee.
More informationCOURT OF APPEALS OF THE STATE OF MISSISSIPPI
COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO.2010-CA-01424-COA MCCOMB NURSING AND REHABILITATION CENTER, LLC VS. MASUMI LEE, INDIVIDUALLY, AND AS ON BEHALF OF THE WRONGFUL DEATH BENEFICIARIES OF ROBERT
More informationCOURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-13-00125-CV CHRISTOPHER EDOMWANDE APPELLANT V. JULIO GAZA & SANDRA F. GAZA APPELLEES ---------- FROM COUNTY COURT AT LAW NO. 2 OF TARRANT COUNTY
More informationIN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA ALFA VISION INSURANCE CORPORATION, v. Appellant, TAMPA CHIROPRACTIC CENTER a/a/o VICTOR GUE, CASE NO.: 2011-CV-87 Lower
More informationPRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY,
CASE NUMBER 73,50 Plaintiff, Petitioner, PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant, Respondent. I.. ON DISCRETIONARY REVIEW FROM THE DECISION OF THE THIRD DISTRICT COURT OF APPEAL OF
More informationIN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT WOOD COUNTY. Trial Court No. 2007-CV-0422. Appellee Decided: October 8, 2010 * * * * *
[Cite as Boggia v. Wood Cty. Hosp., 2010-Ohio-4932.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT WOOD COUNTY Mary Boggia, et al. Appellants Court of Appeals No. WD-09-091 Trial Court No. 2007-CV-0422
More informationNOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JEANIE RUSSELL, as natural mother and legal guardian of Buddy
More informationIN THE COURT OF APPEALS OF TENNESSEE AT MEMPHIS February 24, 2010 Session
IN THE COURT OF APPEALS OF TENNESSEE AT MEMPHIS February 24, 2010 Session STEPHANIE JONES and HOWARD JONES v. RENGA I. VASU, M.D., THE NEUROLOGY CLINIC, and METHODIST LEBONHEUR HOSPITAL Appeal from the
More informationIN THE COURT OF APPEALS FOR CLARK COUNTY, OHIO. Plaintiff-Appellant : C.A. CASE NO. 2010 CA 53. v. : T.C. NO. 07CV213
[Cite as Stanley v. Community Hosp., 2011-Ohio-1290.] IN THE COURT OF APPEALS FOR CLARK COUNTY, OHIO GEORGE STANLEY, et al. : Plaintiff-Appellant : C.A. CASE NO. 2010 CA 53 v. : T.C. NO. 07CV213 COMMUNITY
More informationIN THE SUPREME COURT STATE OF FLORIDA TALLAHASSEE, FLORIDA
TRAVELERS INSURANCE COMPANY, vs. Petitioner, JAMES H. QUIRK and MARIE QUIRK, husband and wife, vs. Respondents, Cross-Petitioners, IN THE SUPREME COURT STATE OF FLORIDA TALLAHASSEE, FLORIDA SOUTHERN AMERICAN
More informationDavid P. Healy of Law Offices of David P. Healy, PL, Tallahassee, for Appellant.
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JAMES E. MAGEE, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D07-2050
More informationIN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA. November 04, 2015
IN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA November 04, 2015 FLORIDA DIGESTIVE HEALTH SPECIALISTS, LLP, a Florida Limited Liability Partnership, and RAMON E. COLINA, M.D., LLC, Appellants/Cross-Appellees,
More informationOPINION Richard B. Klein DATE: June 14, 2001. Plaintiff, Patricia Daniels, filed this lawsuit on behalf of
PATRICIA DANIELS, p/n/g of : PHILADELPHIA COUNTY RODERICK STERLING, a minor : COURT OF COMMON PLEAS : TRIAL DIVISION v. : June Term, 1996 : HOSPITAL OF PHILADELPHIA : NO. 2450 COLLEGE OF OSTEOPATHIC :
More informationIN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE December 7, 2009 Session
IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE December 7, 2009 Session SHERRI J. HAGER, et al., v. RAMSEY G. LARSON, M.D., et al. Appeal from the Circuit Court for Hamblen County No. 06CV160 Hon. John
More informationCounsel for Petitioner
IN THE SUPREME COURT OF FLORIDA BENJAMIN BILLER, Petitioner, vs. STATE OF FLORIDA, Respondent. CASE NO. Fourth DCA Case No. 9-3446 PETITIONER'S BRIEF ON JURISDICTION RICHARD L. JORANDBY Public Defender
More informationCourt of Appeals of Ohio
[Cite as Hignite v. Glick, Layman & Assoc., Inc., 2011-Ohio-1698.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 95782 DIANNE HIGNITE PLAINTIFF-APPELLANT
More informationCase 8:11-ap-00418-KRM Doc 14 Filed 05/20/11 Page 1 of 7 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
Case 8:11-ap-00418-KRM Doc 14 Filed 05/20/11 Page 1 of 7 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION IN RE: CHARLES F. STEINBERGER Case No. 8:10-bk-19945-KRM PAMELA J. PERRY
More informationIN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY Shirler Louis Plaintiff, v. C.A. No. N13C-02-240 FWW Christiana Care Health Services, Inc. Defendant. OPINION AND ORDER Upon
More informationSTATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS OFFICE OF THE JUDGES OF COMPENSATION CLAIMS FT. LAUDERDALE DISTRICT OFFICE ) ) ) ) ) ) ) ) )
STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS OFFICE OF THE JUDGES OF COMPENSATION CLAIMS FT. LAUDERDALE DISTRICT OFFICE Fabian Bridgewater, Employee/Claimant; vs. Southeast Personnel Leasing, Inc.,
More informationAPPEAL OF NEW HAMPSHIRE DEPARTMENT OF CORRECTIONS (New Hampshire Compensation Appeals Board)
NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme
More information2015 IL App (5th) 140227-U NO. 5-14-0227 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT
NOTICE Decision filed 10/15/15. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2015 IL App (5th 140227-U NO. 5-14-0227
More information2015 IL App (3d) 130003-U. Order filed February 5, 2015 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2015
NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (3d 130003-U Order filed
More informationSTATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION BERMUDA CLUB MANAGEMENT COUNSEL, INC.,
More informationCASE NO. 1D09-2525. Robert B. George and Christian P. George of Liles, Gavin, Costantino, George & Dearing, P. A., Jacksonville, for Appellees.
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CINDY L. SOREL, n/k/a CINDY L. EBNER, CASE NO. 1D09-2525 Appellant, v. TROY CHARLES KOONCE and COMCAST OF GREATER FLORIDA/GEORGIA, INC.,
More informationColorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation
Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation On January 1, 2012, new rules approved by the Colorado Supreme Court entitled the Civil Access Pilot Project ( CAPP
More informationFINAL ORDER REVERSING TRIAL COURT. Appellant, Joseph Pabon (herein Appellant ), appeals the Orange County Court s
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA APPELLATE CASE NO: 2011-AP-32 LOWER COURT CASE NO: 48-2010-MM-12557 JOSEPH PABON, vs. Appellant, STATE OF FLORIDA,
More informationIN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR MANATEE COUNTY, FLORIDA. Plaintiff, Case No. 2014-CA-1845 PROPOSAL FOR SETTLEMENT
HARRY BENNETT, IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR MANATEE COUNTY, FLORIDA v. Plaintiff, Case No. 2014-CA-1845 MANATEE COUNTY, a political subdivision of the State of Florida,
More informationSUPREME COURT OF ARKANSAS No. 12-408
SUPREME COURT OF ARKANSAS No. 12-408 JAMES K. MEADOR V. APPELLANT T O T A L C O M P L I A N C E CONSULTANTS, INC., AND BILL MEDLEY APPELLEES Opinion Delivered January 31, 2013 APPEAL FROM THE BENTON COUNTY
More informationIMPORTANT NOTICE NOT TO BE PUBLISHED OPINION
IMPORTANT NOTICE NOT TO BE PUBLISHED OPINION THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28(4)(C), THIS OPINION IS
More informationPHANTOM DAMAGES IN PERSONAL INJURY CASES:
PHANTOM DAMAGES IN PERSONAL INJURY CASES: The Legal Landscape Andrew S. Connell, Jr. Litchfield Cavo LLP 600 Corporate Drive, Suite 600 Fort Lauderdale, FL 33334 954-689-3000 connell@litchfieldcavo.com
More informationTEXAS RULES OF CIVIL PROCEDURE
TEXAS RULES OF CIVIL PROCEDURE PART V - RULES OF PRACTICE IN JUSTICE COURTS Adopted by the Supreme Court of Texas Justice Court, Pct 1 1 of 24 TABLE OF CONTENTS SECTION 1. GENERAL... 6 RULE 523. DISTRICT
More informationIN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION UNIVERSAL TELESERVICES : November Term 2002 ARIZONA, LLC, Florida Limited Liability : Company,
More informationFourteenth Court of Appeals
Reversed and Remanded and Opinion filed March 8, 2001. In The Fourteenth Court of Appeals NO. 14-99-00925-CV JOEL DEJEAN, Appellant V. EDW ARD C. WADE, M.D. AND EDW ARD C. WADE, M.D.,P.A., Appellees On
More informationThird District Court of Appeal State of Florida
Third District Court of Appeal State of Florida Opinion filed February 12, 2014. Not final until disposition of timely filed motion for rehearing. No. 3D12-2622 Lower Tribunal No. 11-10021 Fernando Montes
More informationHow To Pass A Bill In The United States
S.B. SENATE BILL NO. SENATOR ROBERSON MARCH, Referred to Committee on Judiciary SUMMARY Revises provisions relating to certain civil actions involving negligence. (BDR -) FISCAL NOTE: Effect on Local Government:
More informationIN THE SUPREME COURT OF FLORIDA CASE NO. SC05-1150 COMMENTS OF DAN CYTRYN, ESQUIRE OF LAW OFFICES CYTRYN & SANTANA, P.A.
IN THE SUPREME COURT OF FLORIDA CASE NO. SC05-1150 IN RE: PETITION TO AMEND RULE 4-1.5(F)(4)(B) OF THE RULES OF PROFESSIONAL CONDUCT / COMMENTS OF DAN CYTRYN, ESQUIRE OF LAW OFFICES CYTRYN & SANTANA, P.A.
More informationDISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2011
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2011 JON AGEE and SUSAN AGEE, Appellants, v. ROGER L. BROWN, as Personal Representative of the ESTATE OF HERBERT G. BIRCK and
More informationThird District Court of Appeal State of Florida
Third District Court of Appeal State of Florida Opinion filed October 14, 2015. Not final until disposition of timely filed motion for rehearing. Nos. 3D14-2434, 3D14-1549 Lower Tribunal No. 12-36797 Citizens
More informationIN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE B254585
Filed 2/26/15 Vega v. Goradia CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified
More informationPlaintiff, vs. CASE NO. 07-019486-05 ORDER GRANTING PLAINTIFF S MOTION FOR AWARD OF ATTORNEY S FEES AND COSTS
FLORIDA CALVERT VICTOR, individually and on behalf of all other persons similarly situated, IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, Plaintiff, vs. CASE NO. 07-019486-05
More informationCASE NO. SC05-1951 JAMES FRANK PIZZO, STATE OF FLORIDA, PETITIONER S BRIEF ON JURISDICTION
IN THE SUPREME COURT OF FLORIDA CASE NO. SC05-1951 JAMES FRANK PIZZO, Petitioner, vs. STATE OF FLORIDA, Respondent. On discretionary conflict review of a decision of the Second District Court of Appeal
More informationDecided: March 27, 2015. S14G0919. GALA et al. v. FISHER et al. This Court granted a writ of certiorari to the Court of Appeals in Fisher
In the Supreme Court of Georgia Decided: March 27, 2015 S14G0919. GALA et al. v. FISHER et al. HINES, Presiding Justice. This Court granted a writ of certiorari to the Court of Appeals in Fisher v. Gala,
More informationAn appeal from the Circuit Court for Lafayette County. Harlow H. Land, Jr., Judge.
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA QUENTIN SULLIVAN, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D06-4634
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO
Case 4:11-cv-00059-BLW Document 50 Filed 02/19/13 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO ERIC STRICKHOLM, v. Plaintiff, Case No. 1:11-cv-00059-BLW MEMORANDUM DECISION AND ORDER
More informationNo. 3 09 0033 THIRD DISTRICT A.D., 2009
No. 3 09 0033 Filed December 16, 2009 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2009 KEPPLE AND COMPANY, INC., ) Appeal from the Circuit Court an Illinois Corporation, ) of the 10th Judicial
More informationHow To Prove That A Person Is Not Responsible For A Cancer
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Alternative Burdens May Come With Alternative Causes
More information