Law Firm Blog

Second DCA Holds Apportionment Not Required in Joint Proposal for Settlement in Vicarious Liability Claim

Miley v. Nash, 40 Fla. Law Weekly D991 (Fla. 2d DCA July 10, 2015)

This case arose from a motor vehicle accident involving Plaintiff Martha Nash and Defendant Kyle Miley. Mrs. Nash and her husband filed suit against Miley and her father, who owned the vehicle which she was driving at the time of the […]

Important Recent Developments in the Area of Clergy Sexual Misconduct

by F. Robert Radel, II., Esq. & Andrew A Labbe, Esq.

Will I know him when I see him? The answer has proved to be a resounding “no.” Until recently, the words “sexual predator” evoked the image of a dirty old man, dressed in a trench coat, lurking around an elementary school. Today, with ever […]

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THE LAW OF PREMISES LIABILITY – AN OVERVIEW

by F. Robert Radel, II., Esq. & Andrew A. Labbe, Esq.
People outside the legal profession are often surprised to learn that they could be held liable for injuries sustained by others while on their premises, but which were caused by the actions of third parties. It undoubtedly seems inconceivable to those who have not […]

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Repressed Memory: Real or Fantasy?

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“When I was younger, I could remember anything, whether it had happened or not.”
-Mark Twain
Throughout the last two decades, courtrooms have been deluged with litigation regarding allegations of repressed memories of childhood sexual abuse, leading to considerable debate as to whether the concept itself, not to mention the actual memory, is real or […]

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The Clergy-Penitent Privilege: An Overview

By F. Robert Radel, II & Andrew A. Labbe

The clergy-penitent privilege is one of the oldest and most well-recognized privileges in the United States. While other once-recognized privileges have since withered or fallen from the vine, there remains considerable support for the clergy-penitent privilege.[1] However, many debate the rationale behind this privilege, and some question […]

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1st DCA Limits Scope of PIP Discovery Enforcement Provision In Section 627.736(6)

by Laura R. Mauldin, Esq.
On June 22, 2015, the First District Court of Appeal handed down an opinion defining the scope of the enforcement provision available to insurers under section 627.736(6)(c), Florida Statutes, which is part of Florida’s ‘No-Fault” or personal injury protection (PIP) law. In Shands Jacksonville Medical Center, Inc. v. State Farm […]

Governor Scott signs into law Amendments to Florida Statute 558 – Construction Defects

On June 16, 2015, Governor Rick Scott signed into law House Bill 87, which was designed to make dramatic changes to Chapter 558 of the Florida Statutes, which relates to construction defect claims.  House Bill 87 takes effect October 1, 2015.

The signification aspects of this amendment are as follows:

Section 558.001 is amended to permit […]

Tampa Chiropractor Arrested in PIP Insurance Fraud Scheme

According to ABC Action news, Tampa area Chiropractor Douglas Price was arrested June 15, 2015 on charges of insurance fraud and patient brokering.  An 8 month investigation of his South Tampa and Auburndale locations led to evidence establishing that Price would pay his patients up to $1,000 each to come to his clinic, and […]

Fourth DCA Holds Assignment of Unaccrued Rights Valid

By David J. Salmon, Esq. and Andrew A. Labbe, Esq.
In three related opinions issued May 20, 2015, the Fourth DCA reversed trial court orders in favor of insurers finding that Plaintiff contractors lacked standing to bring suit because assignments of benefits (“AOB”) were invalid.[1] The One Call and ASAP Restoration cases had been dismissed […]

AOB Vendor Versus AOB Vendor

Congratulations to Homeowners Choice Property & Casualty Insurance Company on a partial summary judgment ruling in Hillsborough County. In Nicon Construction, Inc. & B&M Clean, LLC d/b/a/ Sun Construction a/a/o Richard Prager v. Homeowners Choice Property & Casualty Insurance Company, two vendors alleged standing based upon separate assignments of benefits. Hazel Turner of Groelle […]