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STANDARD JURY INSTRUCTIONS--CIVIL--AMENDMENT. The Court adopted Committee proposed amendments to instructions 402.4 (Medical Negligence) and 402.9 (Preliminary Issues--Vicarious Liability).
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WRONGFUL DEATH--MEDICAL MALPRACTICE--PRESUIT REQUIREMENTS--MEDICAL EXPERT. Where the facts regarding the plaintiff's presuit medical expert's qualifications are unrefuted, the proper standard of review of the trial court's dismissal of a medical malpractice action based on its determination that the expert witness was not qualified is de novo. Before a medical malpractice action can be dismissed based on the trial court's finding that the plaintiff failed to comply with the informal presuit discovery process, the court must find that such noncompliance prejudiced the defendant. There is no requirement that the presuit medical expert be duly and regularly engaged at the time the written medical expert opinion is offered. The trial court erred in dismissing the medical malpractice action where the record demonstrates that the plaintiff's presuit expert was qualified, and the record does not establish that the defendants suffered any prejudice as a result of the alleged noncompliance with discovery.
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MORTGAGE FORECLOSURE--SALE--SURPLUS FUNDS--SUBORDINATE LIENHOLDERS--TIMELINESS OF CLAIM. Chapter 45, Florida Statutes (2015), governing judicial sales, requires that a claim to surplus funds be filed within "60 days after the sale." The Court held that Section 45.032 makes it clear that the sixty-day period begins upon the clerk's issuance of the certificate of disbursements, something the clerk is tasked with doing "[o]n filing a certificate of title."
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