In this medical malpractice case, a husband sued after his wife died allegedly from kidney failure after the defendant doctor performed surgery. At the trial, the husband testified about various issues, including his wife’s active lifestyle before the surgery, and date of the onset of kidney problems. After the trial, the husband quarrelled with his… Read more
Caterpillar filed a complaint for damages and replevin against three defendants. After service on the defendants, they failed to answer, and Caterpillar secured a clerk’s default against them all. Two of the defendants attempted to set aside the default and Caterpillar filed its motion for final judgment based upon the clerk’s default. The summary judgment… Read more
In this case, the plaintiff was injured when she fell off of a horse, named “Buster,” who had behaved obstreperously while plaintiff tried to ride him. Defendant claimed that Buster never exhibited any dangerous behavior. The case settled. After the settlement, plaintiff’s counsel received an unmarked advertisement quoting the defendant as saying that she decided… Read more
In this car accident case, the plaintiff sought defendant’s medical records for the past 10 years based on the belief that the defendant’s medical problems caused the car accident. The trial court ordered the defendant to produce the records. The Defendant objected to producing the records on the basis that he had a right of… Read more
The Defendant and his attorney failed to appear for a properly scheduled jury trial, the Court then continued the trial and the Plaintiff moved for sanctions. After noting that the Court could have held the trial without the Defendant’s present, the Fourth DCA found that the Defendant’s actions in failing to appear for trial constituted… Read more
In this auto accident case, the defendant insurer hired two law firms: one to defend a claim for personal injury protection (PIP) and another to defend a claim for uninsured motorist benefits (UM). The law firm defending the UM claim served a proposal for settlement appearing to cover all claims. The trial court declined to award fees. … Read more
In a rather complicated lawsuit featuring Dr. Minotty, the Defendant, being sued in a shareholder derivative action by the company he created, the Florida Eye Institute, and, individually, by three doctors who owned stock in the Florida Eye Institute, for (1) breach of fiduciary duty, (2) securities fraud, (3) common law fraud, (4) illegal interception… Read more
In this pro se prisoner case, the Fourth District reversed the trial court for the “drastic and unwarranted measure” of dismissing an amended complaint with prejudice because the plaintiff did not first obtain leave to file it. The appellate court remanded for the trial court to consider the necessary factors governing amendments, including “whether such… Read more
In this slip and fall case before the 4th DCA on a writ of certiorari, the 4th DCA overturned trial courts Order compelling the Plaintiff’s attorney from a previous lawsuit to produce his entire case file for an in camera inspection. The 4th DCA found that, per Rule 1.280(b)(1), Fla. R. Civ. Pro., inspection of… Read more
In this appeal of a contempt Order, Naseer obtained a final judgment in a civil lawsuit in the amount of $530,000. Following entry of judgment, and at the request of Nasser, the Court entered an Order requiring Neiman to appear before a special magistrate for examination into his property and assets. In response, Neiman, who… Read more