terry's takes
Filtered by category: amendment of pleadingsMay 24, 2023
3rd dca, amendment of pleadingsState Farm Mutual Automobile Insurance Company v. Central Therapy Center, Inc.
amendment of pleadings is pretty freely given in florida, but the third dca affirmed an insurance company’s denial of a motion to amend to add nine new affirmative defenses. the motion came seven years after commencement of the case.
read moreMay 17, 2023
4th dca, amendment of pleadings, punitive damagesHRB Tax Group, Inc. v. Florida Investigation Bureau, Inc.
the fourth dca shot down a claim for punitive damages. the florida investigation bureau, inc. sued hrb tax group, inc., alleging fraud from one of the defendant’s employees telling the plaintiff that their tax liability could be reduced by investing $25...
read moreApril 12, 2023
3rd dca, amendment of pleadingsGEICO Indemnity Company v. Simply Health Care, Inc.
The Third DCA reversed a summary judgment against GEICO, ruling that the trial court abused its discretion by denying GEICO’s motion to amend its answer to include res judicata and collateral estoppel defenses. The court found no evidence of prejudice, abuse, or futility and remanded for further proceedings.
read moreApril 7, 2023
11th circuit court of appeals, amendment of pleadings, florida civil rights claim, summary judgement standardTurner v. Williams
turner was a deputy sheriff who retired from nassau county’s sheriff’s office in 2008 and then accepted a similar position at the jacksonville sheriff’s office (“jso”).
read moreApril 5, 2023
no court, amendment of pleadings, summary judgement standardDesign Neuroscience Centers, P.L. v. Preston J. Fields, P.A.
In Design Neuroscience Centers, P.L. v. Preston J. Fields, P.A., the Third District Court of Appeal overturned a summary judgment ruling due to a late-filed reply that unfairly addressed new issues just one business day before the hearing. The DCA held that Florida’s Rule 1.510 requires specific arguments in summary judgment motions to prevent surprises to the opposing party. The court found that the last-minute reply, which raised unaddressed affirmative defenses and counterclaims, was effectively a new motion. The DCA also reversed the denial of DNC’s motion to amend its counterclaim, noting that amendments should be allowed unless they would cause undue prejudice, be futile, or reflect an abuse of the amendment privilege. Here, the trial court's basis for “prejudice” was merely the length of the case, which the DCA found insufficient.
read moreApril 5, 2023
4th dca, amendment of pleadings, medical malpractice, punitive damagesMarder v. Mueller
Roberta Mueller sued Dr. Marder for medical malpractice, claiming he gave her aggressive radiation treatments for a skin lesion, allegedly for financial gain. She sought punitive damages, arguing the treatments were unnecessary and dangerous, and cited Dr. Marder’s past Medicare fraud charges. Although the trial court allowed the punitive damages claim, the DCA overturned it, finding insufficient evidence that Dr. Marder knowingly acted with disregard for her safety or was motivated by profit in her specific case.
read moreApril 5, 2023
3rd dca, amendment of pleadingsWoolems, Inc. v. Catalina Caststone Creations, Inc.
Florida court upholds the relation-back doctrine in a construction lien case, allowing an amended counterclaim to proceed. This decision underscores Florida’s liberal stance on amendments in lien disputes, favoring timely resolutions without introducing new parties.
read moreMarch 15, 2023
3rd dca, 1983 excessive force, amendment of pleadings, business records, certificate of service, corporate representative, discovery sanctions violations, florida civil rights claim, hearsay, impact rule, medical malpractice presuit, negligence duty, personal jurisdiction, summary judgement standardWillis v. Accenture, Inc.
willis sued accenture under the florida civil rights act of 1992 (fcra) as codified in section 760.01, fla. stat. and for tortious interference with a business relationship.
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