January 2010 Summaries

Posted January 29, 2010
State Farm Mut. Auto. Ins. Co. v. Pressley,
28 So.3d 105 (Fla. 1st DCA Jan 12, 2010)
First DCA Finds That PIP Statute Requires Medical Provider To Submit Bills for Payment And that Bills Submitted By Insured Directly Are Not Properly Submitted To Trigger Payment Requirement

Posted January 27, 2010
United Auto. Ins. Co. v. County Line Chiropractic Center (a/a/o Anasa Dexter),
Case No: 08-14841, 08-29172 (Broward Cir. Ct., Dec. 11, 2009)
Online Reference: FLWSUPP 1702DEXT
Broward Circuit Court Finds Provider Does Not Have Standing To Recover Statutory Fines For Insurer's Alleged Violations Of Various PIP Provisions

Posted January 25, 2010
Maguire v. Pool Doctor of the Palm Beaches, Inc.,
35 FLW D10 (Fla. 4th DCA, Dec. 23, 2009)
Fourth DCA Quashes Circuit Court Order Compelling Production Of IME Video And Transcript To Defendant

Posted January 21, 2009
The Landmark Winter Park, LLC v. Colman,
35 FLW D102 (Fla. 5th DCA Dec. 31, 2009)
Fifth DCA Denies Taxation Of Overhead Expenses To Opposing Party

Posted January 20, 2009
Premier Real Estate Holdings, LLC v. Butch,
35 FLW D3 (Fla. 4th DCA, Dec. 23, 2009)
Fourth DCA Rules That Failure To Designate Rules By Which Arbitration Would Be Conducted Did Not Invalidate Arbitration Agreement

Posted January 19, 2009
Westco, Inc. v. Scott Lewis' Gardening & Trimming, Inc.,
35 FLW D58 (Fla. 4th DCA , Dec. 30, 2009)
Fourth DCA Rules That Non-Party Is Not Obligated To File Privilege Log To Preserve Privileges In Documents Sought By Subpoena

Posted January 18, 2009
Citizens Property Ins. Co. v. Garfinkel,
34 Fla. L. Weekly D2599b, (Fla. 5th DCA Dec. 18, 2009)
Fifth DCA Finds Citizens Property Insurance Corporation Immune From Bad Faith Claims

Posted January 15, 2009
Demelus v. King Motor Co.,
- - So.3d - - , 2009 WL 5126239 (Fla. 4th DCA December 30, 2009)
Fourth District Court Of Appeal Finds Unique Manner Of Stolen Vehicle Not Legally Foreseeable Thereby Precluding Liability

Posted January 14, 2009
Tatman v. Space Coast Kennel Club, Inc., Et. Al.,
35 Fla. L. Weekly D76a (Fla. 5th DCA, December 31, 2009)
Fifth DCA Finds Exculpatory Clause Of A Release Form Ambiguous Because It Failed To Define Whose Injuries Were Covered By The Exculpatory Clause

Posted January 5, 2009
Charley D. Price v. John F. Kronenberger,
35 Fla. L. Weekly D78a (Fla. 5th DCA, December 31, 2009)
Fifth DCA Rules That Email to Florida Residents Constitutes Sufficient Minimum Contacts To Support Personal Jurisdiction Over Out Of State Resident

Posted January 4, 2009
Gonzalez v. Claywell,
35 Fla. L. Weekly D88a (Fla. 1st DCA, Dec. 31, 2009)
First DCA Finds No Settlement Reached Where Unilateral Offer To Settle Specifically Identified Acceptable Release Terms, Proposed Release From Defendant Deviated From Specific Terms, And Plaintiff Immediately Rejected Release

Posted January 4, 2010
Nova Southeastern University, Inc. v. Jacobson, 34 FLW D2396 (Fla. 4th DCA Nov. 18, 2009)
Fourth DCA Reverses Order Refusing To Protect Inadvertently Disclosed Attorney-Client Privileged Material Finding That Trial Court Improperly Applied Five-Factor Test