terry's takes
Filtered by court: 2nd dcaMarch 25, 2024
2nd dca, medical malpracticeBarber v. Manatee Mem'l Hosp.
Plaintiff walked to the hospital gurney when he was transported to the hospital, but he lost consciousness at the hospitals for over two days. When he awoke, both his hips were fractured, and no one explained why. He sued for medical negligence, but the trial court granted the hospital’s motion for summary judgment, citing the lack of evidence of what exactly caused the fractures. The Second DCA reversed, finding that Plaintiff could rely on the doctrine of “res ipsa loquitur,” which entitles him to a jury instruction presuming negligence where he demonstrated that the hips were not fractured as part of his treatment, where such fractures do not ordinarily occur to sedated and restrained unconscious patients absent negligence by a caregiver, where negligence was the probable cause of the injury, where Defendant was the probable actor, and where the instrumentality of injury was in Defendant’s control. The court also erred in excluding evidence of the hospital’s lack of investigation, as that was relevant to showing that there was no care-related cause of the accident.
read moreJune 23, 2023
2nd dca, attorneys fees, inequitable conduct doctrine, sanctionsGoznar v. Goknar
a brother and two sisters were involved in litigation over a family trust. an arbitration order instructed all parties to return $100,000 each to the trust, but the brother did not comply. the sisters filed a motion for contempt.
read moreJune 16, 2023
2nd dca, discovery, privilege attorney client, writ of certiorariPetzold v. Castro
as part of the petzold’s summary judgment motion, they included an email between mr. castro and the petzold’s former attorney (attorney overfield) and then a follow-up between ms. petzold and attorney overfield and the attorney’s conversation with ms. c...
read moreMay 10, 2023
2nd dca, statute of reposeWestpark Preserve Homeowners Association, Inc. v. Pulte Home Corporation
the issue in this appeal involves the interpretation and application of florida's statute of repose as set forth in section 95.11(3)(c), florida statutes (2018). because it has nothing to do with personal injury, only the discussion of the statute of re...
read moreMay 10, 2023
2nd dca, discovery, writ of certiorariMt. Hawley Insurance Company v. Russo
the parties were involved in an insurance coverage dispute in federal court, but no coverage dispute was pending in the trial court. the trial court granted a motion by russo that discovery in state court should proceed. the trial court’s order also com...
read moreMay 3, 2023
2nd dca, arbitration, writ of mandamusBeyond Billing, Inc. v. Spine and Orthopedic Center, P.C.
The Second DCA denied Beyond Billing's petition for a writ of mandamus, ruling that a formal motion for trial de novo is unnecessary under Rule 1.820. The court held that the parties' joint motion to amend the case management order, which acknowledged the arbitration and expressed intent to continue discovery and prepare for trial, was sufficient to demonstrate their intent to proceed to trial, precluding a final judgment based on the arbitration award.
read moreMay 3, 2023
2nd dca, forumVenus Concept USA, Inc. v. The Angelic Body, LLC
angelic body, lcc, does business as the ultimate image cosmetic medical center, a cosmetic medical practice. angelic body is owned by dr. todd besnoff, m.d.
read moreApril 12, 2023
2nd dca, negligence, sovereign immunity floridaThe City of New Port Richey v. Lamko
two plaintiffs sued the city of new port richey for negligence due to injuries suffered as the result of a high-speed pursuit by the city’s police officer.
read moreFebruary 17, 2023
2nd dca, no categoriesPublix Super Markets, Inc. v. Roth
in this slip-and-fall case, the plaintiff set publix’s corporate representative for deposition under florida rule of civil procedure 1.310(b)(6). plaintiff slipped on a transitory substance.
read moreFebruary 11, 2023
2nd dca, medical malpractice, motion to dismiss, petition for certiorari, writ of certiorariHalsey v. Hoffman
ms. hoffman sued dr. halsey and two medical businesses for defamation per se, slander per se, and negligent and intentional infliction of emotional distress. hoffman alleged that dr. halsey, an asthma, allergy, and immunology specialist, falsely and mal...
read moreFebruary 11, 2023
2nd dca, no categoriesG&G In-Between Bridge Club Corp. v. Palm Plaza Associates Ltd.
The Second DCA reversed a summary judgment in favor of a landlord over a parking rule dispute impacting a bridge club tenant, ruling that the "reasonableness" of the rule change is a factual matter for a jury. The court also addressed affirmative defenses, clarifying that defendants must initially establish an affirmative defense’s relevance under Florida's summary judgment standard before the burden shifts back to the plaintiff. This decision offers key insights for handling affirmative defenses in civil cases.
read moreJanuary 23, 2023
2nd dca, no categoriesAJ Therapy Center, Inc. Imperial Fire & Casualty Insurance Company
The Second District Court of Appeal reversed a dismissal in AJ Therapy Center, Inc. v. Imperial Fire & Casualty Insurance Company, where AJ Therapy Center sued the insurer after payment was denied for benefits assigned by an insured person following a car accident. The insurer argued the policy was void due to prior fraud by the insured. The DCA found that the trial court erred in dismissing the case by relying on facts outside of the complaint. While the dismissal was reversed, AJ Therapy Center may still face a summary judgment motion from the insurer on remand.
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