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New Releases
from Florida's Circuit and County Courts

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Insurance -- Personal injury protection -- Discovery -- Failure to comply -- Insurer is required to pay sanctions where its failure to comply with obligation to provide discovery as to factual basis for its denial of relatedness and necessity of treatment unnecessarily prolonged discovery process -- Insurer cannot deny discovery request seeking factual basis for its defenses on ground of “burden shifting”
VIEW OPINION

Civil procedure -- Dismissal -- Service of process -- Timeliness -- Where plaintiff filed suit but did not serve process on defendant and did not seek extension of time to complete service of process for almost three years, during which time claims became stale under statute of limitations, motion to dismiss is granted
VIEW OPINION

Criminal law -- Driving under influence -- Evidence -- Refusal to perform field sobriety exercises -- Officer who stopped defendant for speeding and driving at night without headlights lit and thereafter developed probable cause to believe that she was driving under influence based on odor of alcohol and indicia of impairment was not required to obtain defendant's consent to perform field sobriety exercises -- Where officer advising defendant that if she refused to perform exercises his decision to arrest would be based on his existing observations made it clear that refusal was not free of consequences, refusal is admissible and state may argue that refusal is probative of consciousness of guilt
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- PIP policy providing that insurer will pay 80% of reasonable expenses but also providing that amount payable “shall be subject to any and all limitations” authorized by PIP statute, including all fee schedules, clearly and unambiguously elects to limit reimbursement to permissive statutory fee schedule
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- PIP policy providing that insurer will pay 80% of reasonable expenses and also stating that to determine whether a charge is reasonable insurer may consider any and all limitations authorized by PIP statute and will not pay more than 80% of 200% of Medicare Part B fee schedule provides clear and unambiguous notice of intent to limit reimbursement to permissive statutory fee schedule
VIEW OPINION

Criminal law -- Driving under influence -- Search and seizure -- Detention -- Prolonged detention of defendant beyond time required for issuance of warning for speeding was unlawful where detention was based solely on odor of alcohol and bloodshot eyes -- No merit to claim that defendant was coerced into performance of field sobriety exercises where defendant voluntarily submitted to exercises -- Breath test -- Where officer erroneously advised defendant who holds out-of-state driver's license that he would be eligible to apply for driving permit if he submitted to breath test and failed to read implied consent warning to him, submission to breath test was not voluntary -- Breath test and all other evidence obtained after issuance of speeding warning are suppressed
VIEW OPINION

Criminal law -- Driving under influence -- Search and seizure -- Detention -- Where defendant engaged in high speed chase of motorcycle, overshot turn, and crashed into light pole, defendant then backed up and drove forward into parked vehicle, and defendant was observed to have multiple indicia of impairment, officer had probable cause to detain defendant for DUI investigation -- Because officer had reasonable suspicion of impairment, officer could compel performance of field sobriety exercises irrespective of defendant's consent -- Breath test -- Substantial compliance with administrative rules -- Evidence demonstrates that officer continuously observed defendant for 20 minutes prior to administering breath test; continuous face-to-face observation is not required
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Emergency services -- Deductible -- Insurer improperly processed medical bills out of order by applying deductible to bill from emergency service provider, which was third bill received, instead of applying deductible to bills in order received
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Emergency services -- Deductible -- Where insurer received bills from other medical providers prior to bill from plaintiff emergency service provider, insurer should have applied deductible to other providers' bills, thereby extinguishing deductible before payment of plaintiff's bill -- No merit to argument that because insurer is mandated by statute to reserve $5,000 for emergency service providers deductible was properly applied to plaintiff's bill as “first compensable bill” even though plaintiff's bill was third bill received -- Insurer cannot dispute reasonableness of charge or relatedness and medical necessity of services after it allowed full amount of charge when applying charge to deductible and conceded reasonableness, relatedness and necessity at deposition of its corporate representative -- Standing -- Assignment -- Document assigning insured's rights, benefits and causes of action to plaintiff provider conferred standing on plaintiff
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Emergency services -- Deductible -- Where insurer received bills from other medical providers prior to bill from plaintiff emergency service provider, insurer should have applied deductible to other providers' bills, thereby extinguishing deductible before payment of plaintiff's bill -- No merit to argument that because insurer is mandated by statute to reserve $5,000 for emergency service providers deductible was properly applied to plaintiff's bill as “first compensable bill” even though plaintiff's bill was fourth bill received -- Insurer cannot dispute reasonableness of charge or relatedness and medical necessity of services after it allowed full amount of charge when applying charge to deductible and conceded reasonableness, relatedness and necessity at deposition of its corporate representative -- Standing -- Assignment -- Document assigning insured's rights, benefits and causes of action to plaintiff provider conferred standing on plaintiff
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Emergency services -- Deductible -- Insurer improperly processed medical bills out of order by applying deductible to bill from emergency service provider, which was second bill received, instead of applying deductible to first bill received -- Standing -- Assignment -- Insurer has waived any right to contest provider's standing based on provider's failure to attach written assignment to demand letter where insurer did not apprise provider of deficiency when it received bill and subsequent demand letter, but instead applied bill to deductible and made reduced payment on remaining balance -- Provider has standing as real party in interest where provider was required by law to treat insured, insured has not made claim for provider's services, and insurer issued reduced payment directly to provider -- As member of class of persons that legislature intended to protect by enacting section 627.736(4)(c) requirement that PIP insurers reserve benefits for emergency service providers, provider has standing to enforce that statute
VIEW OPINION

Insurance -- Attorney's fees -- Amount
VIEW OPINION

Insurance -- Personal injury protection -- Discovery -- Depositions -- Scope of inquiry at deposition of insurer's corporate representative
VIEW OPINION

Landlord-tenant -- Public housing -- Eviction -- Notice -- Defects -- Where notices advising tenants of eviction for violation of lease by having unauthorized occupants residing in apartment failed to identify unauthorized occupants by name or physical description, notices were vague and insufficient to allow tenants to prepare defense to eviction action -- Complaint is dismissed without prejudice
VIEW OPINION

Landlord-tenant -- Public housing -- Eviction -- Notice -- Defects -- Provision of notice alleging noncompliance with lease due to damage to property is sufficiently specific to allow tenant to prepare defense but fails due to lack of evidence that landlord demanded payment for repairs 30 days earlier, as required by lease -- Remaining provisions of notice alleging noncompliance with lease based on presence of unauthorized occupant in apartment, failure to supervise tenant's children, harassment of other residents by tenant's children, parking on grass, dirty apartment, and use of playground equipment by adults were not specific enough to allow tenant to adequately prepare defense to eviction action -- Complaint is dismissed without prejudice
VIEW OPINION

Landlord-tenant -- Eviction complaint seeking only possession is dismissed as moot where tenant has vacated premises
VIEW OPINION

Insurance -- Proposal for settlement -- Extension of time to respond
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Evidence -- Scientific opinion -- Testimony of physician cannot be considered expert testimony on reasonableness of MRI charges where physician's opinion is based on his own experience and what his own facilities charge -- Motion to strike witness is granted
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Reasonableness of charges -- Insurer that breached contract by utilizing statutory fee schedule that was not incorporated in policy when processing medical provider's bill is not entitled to challenge reasonableness of MRI charge -- Even if insurer could challenge reasonableness of charge, opposing affidavit filed by insurer does not preclude summary judgment in favor of provider on reasonableness issue where affidavit failed to establish that affiant has any experience or qualification regarding MRI charges in county where services were rendered
VIEW OPINION

Insurance -- Personal injury protection -- Affirmative defenses -- Accord and satisfaction -- Insurer has not complied with statutory requirements for accord and satisfaction where neither check nor accompanying explanation of review and cover letter contained conspicuous statement that check was tendered as full satisfaction of claim -- Insurer's defense of common law accord and satisfaction fails where there was no pre-existing dispute between parties before payment and no indication that payment was intended as compromise or settlement of claim
VIEW OPINION

Insurance -- Personal injury protection -- Attorney's fees -- Proposal for settlement -- Where medical provider voluntarily dismissed prior PIP case and years later filed identical claim in new case, insurer served $100 proposal for settlement in new case, and thereafter plaintiff dismissed new case, insurer is entitled to award of attorney's fees and costs
VIEW OPINION

Insurance -- Personal injury protection -- Rescission -- Material misrepresentations on application -- Where insured misrepresented to insurer at time of application that he had continuous insurance coverage for previous 12 months and insured would not have been eligible for any coverage by insurer had true facts been known, insurer was entitled to rescind policy
VIEW OPINION

Contracts -- Credit card agreement -- Attorney's fees -- Reciprocal contract provision -- Plaintiff's motion to strike motion seeking attorney's fees under reciprocal attorney's fees provision of section 57.105(7) and credit card agreement is moot where defendant withdrew motion for fees upon learning that plaintiff was unable to produce card agreement -- Justiciable issues -- Plaintiff's counter-motion for attorney's fees as sanction for defendant's having filed motion for attorney's fees based on credit card agreement even though he denied having any relationship to plaintiff and the agreement is denied, as motion was not entirely devoid of arguable substance -- Further, an award of fees as sanction against defendant is inappropriate where defendant's motion for fees was supported by good faith arguments for modification, extension, or reversal of existing law or establishment of new law
VIEW OPINION

Insurance -- Dismissal -- Failure to appear for pre-trial conference -- Motion to set aside order of dismissal based on excusable neglect should have been set for hearing where motion did not contain sworn statements or affidavits relative to the alleged excusable neglect and circumstances surrounding the p retrial conference appear to be in conflict -- Prior order setting aside dismissal, which was entered without a hearing, is granted
VIEW OPINION

Criminal law -- Driving under influence -- Search and seizure -- Vehicle stop -- Traffic infraction -- Stop for failure to maintain single lane was not lawful where there is no evidence that any other traffic was affected or was required to take evasive action -- Reasonable suspicion -- Observation of defendant drifting within his lane was not sufficient to provide reasonable suspicion for stop -- Observation that defendant's pupils were dilated, made from 10 feet away at night, is not credible evidence of impairment -- Motion to suppress is granted
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- PIP policy providing that insurer will pay 80% of reasonable expenses but also providing that in no event will insurer pay more than 80% of schedule of maximum charges does not provide clear and unambiguous notice of election to limit reimbursement to permissive statutory fee schedule
VIEW OPINION

Small claims -- Relief from judgment -- Denial -- Where court stayed entry of judgment and execution thereon pending defendant's compliance with court-ordered payment plan that required delivery of payment to plaintiff's counsel by certain date, and defendant's payment was tendered to express delivery service on day prior to designated date but was not delivered by designated date because no one was at counsel's office when delivery was attempted, plaintiff is entitled to judgment and execution thereon
VIEW OPINION

Insurance -- Personal injury protection -- Affirmative defenses -- Accord and satisfaction -- Insurer has not complied with statutory requirements for accord and satisfaction where neither check nor accompanying explanation of review contained conspicuous statement that check was tendered as full satisfaction of claim -- Insurer's defense of common law accord and satisfaction fails where there is no evidence that there was pre-existing dispute between parties before issuance of payment
VIEW OPINION

Insurance -- Arbitration -- Where insurer filed timely request for trial de novo but thereafter withdrew that request without objection, trial court must enter judgment in accordance with arbitrator's decision
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Reasonableness of charges -- Summary judgment -- Reasonableness of charges is jury question that can be resolved through summary judgment -- Opposing affidavit filed by insurer does not preclude summary judgment in favor of medical provider on issue of reasonableness of MRI charges where expert's opinion is based on his experience and what his own facility charges -- Affidavit of claims adjuster opining that insurer's reimbursement was reasonable does not create factual issue as to reasonableness of charges
VIEW OPINION

Insurance -- Homeowners -- Appraisal -- Assignee, who was not party to insurance contract, is entitled to participate in appraisal process -- Insured may participate in appraisal process, but is not compelled to do so -- Litigation is stayed pending appraisal
VIEW OPINION

Criminal law -- Search and seizure -- Vehicle stop -- Traffic infraction -- Officer did not have probable cause to believe traffic violation had occurred where defendant approached intersection which was not marked with stop bar, crosswalk, or sidewalk and stopped vehicle near entrance to intersecting roadway with front of vehicle past stop sign but not intruding into intersection -- Motion to suppress is granted
VIEW OPINION

Insurance -- Automobile -- Uninsured motorist -- Exclusions -- Insured who was the “first person shown” as a named insured on the policy and who was injured while riding motorcycle owned by h er when motorcycle was rear-ended by vehicle not owned by the insured or her spouse was entitled to coverage under policy -- Although policy excluded coverage for bodily injury to insured while occupying a vehicle owned by the insured or any resident relative if the vehicle was not the insured's car or a newly acquired car, policy contained an exception to the exclusion for circumstance in which the named insured and that named insured's spouse were injured while occupying or being struck by a motor vehicle not owned by one or both of them -- No merit to argument that exception was intended to apply only when first named insured or spouse was injured in or by vehicle owned by resident relative where exception does not even mention resident relatives -- Argument that it is unreasonable to interpret exception in manner that swallows exclusion is legally irrelevant and factually incorrect
VIEW OPINION

Criminal law -- Violation of probation -- Failure to pay restitution -- Where defendant was sentenced to six years of probation with special condition that he make restitution of $700,000 to his victims, and during ensuing 21 months defendant spent money on discretionary travel and entertainment but made no restitution payments except two small payments totaling $110 that were made after affidavit of violation was filed, defendant is in material violation of probation -- No merit to argument that defendant was not required to pay restitution until end of six-year probationary term because court did not specify fixed monthly payment where sentencing was made in reliance on defendant's promises that arrangements were all but in place for prompt payment of restitution in full -- Fact that defendant's ability to pay restitution may be limited in comparison to amount owed does not excuse him from making any payment
VIEW OPINION

Insurance -- Commercial general liability -- Coverage -- Commercial general liability insurer's duty to defend landscaping subcontractor whose president died in construction site accident against third party complaint and cross-claims brought against subcontractor by general contractor and construction site owner in wrongful death action that was brought by estate of deceased president -- Where complaint and cross-claims contain indemnity/contribution claims that fairly and potentially fall within scope of coverage afforded by subcontractor's commercial general liability policy, insurer has duty to defend subcontractor -- Exclusion for obligations of subcontractor under workers' compensation and similar laws is not applicable to claims brought by non-employees -- Contractual liability and employer's liability exclusions are not applicable where both except from their scope tort liability assumed by subcontractor under an insured contract, and subcontract between subcontractor and general contractor is an insured contract
VIEW OPINION

Criminal law -- Sentencing -- Death penalty -- Constitutionality of statute -- Section 921.141, allowing penalty-phase jury's non-unanimous verdict of death to be sufficient for imposition of death penalty, is unconstitutional
VIEW OPINION

Criminal law -- Armed robbery -- Evidence -- Identification -- Fast food restaurant manager's show-up identification of defendant and any in-court identification she is prepared to make are suppressed where manager did not get good look at perpetrator and could only describe him as skinny and tall -- Show-up identification made by restaurant employee is admissible where employee was able to describe perpetrator's distinctive attire with particularity and made her identification based on defendant's attire without consideration of suggestiveness of police's approval of manager's prior identification of defendant -- Employee's in-court identification of defendant will also be received if she is able to make one
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Emergency medical condition -- Declaratory action -- Insurer's right to challenge EMC determination -- Section 627.736(7) permits insurer to review and challenge physicians' diagnosis of EMC by conducting independent medical examination and, by extension, peer review
VIEW OPINION

Criminal law -- Attempted murder -- Shooting into occupied vehicle -- Inconsistent verdicts -- True inconsistent verdict exception to general rule allowing inconsistent verdicts does not require jury acquitting defendant of attempted murder charges that were based on defendant shooting at victims in vehicle to also acquit defendant of charge of shooting into occupied vehicle based on same incident -- None of necessary elements of shooting charge is legally negated by not guilty verdict on attempted murder charges -- No merit to argument that verdicts are impermissibly inconsistent because acquittal of attempted murder charges inherently includes finding that defendant's conduct was justified as act of self-defense that would also justify shooting into vehicle -- Where verdicts are logically inconsistent but not legally inconsistent, court cannot find as matter of law that verdicts were not result of lenity, mistake or compromise -- Motion for judgment notwithstanding verdict is denied
VIEW OPINION

Contracts -- Business merger -- Breach of contract claims for failure to complete merger are denied where travel agencies only agreed to merge in manner of sharing information, office space, staff, and equipment and failed to reach agreement on almost every material term required to merge their businesses, and parties completed physical merger, which was only aspect agreed -- Torts -- Interference with business relationship -- No merit to plaintiff's claim of tortious interference with business relationships through defendant's misuse of plaintiff's client list where copy of list was voluntarily shared with defendant without any protections, plaintiff retained original list, and there is no evidence that any sale resulted from defendant's use of list -- Civil theft claim fails where there was no showing of criminal intent by defendant in retention of commission payments, testimony does not establish proper method for court to determine amounts owed to each party, and equities do not warrant acknowledgment of claim since plaintiff admitted she also retained commissions in retaliatory, self-help manner -- Defendant's counterclaim for unjust enrichment is denied where defendant could not demonstrate any clear damages, and any award would be speculative
VIEW OPINION

Licensing -- Driver's license -- Suspension -- Driving under influence -- Breath test -- Request to submit to breath test was lawful, although deputy who arrested licensee and requested that she submit to breath test believed that licensee was impaired by medication, not alcohol, where fellow officer's reasonable cause to believe that licensee was impaired by alcohol based on odor of alcohol on her breath was is imputed to deputy under fellow officer rule
VIEW OPINION

Criminal law -- Petit theft -- Counsel -- Where defense counsel stated that defense was ready for trial when case was first called in morning but was in another courtroom when trial court began jury selection later in afternoon, trial court erred in refusing to grant continuance until arrival of defense counsel -- New trial required
VIEW OPINION

Criminal law -- Counsel -- Waiver -- Where trial court did not advise defendants of dangers and disadvantages of self-representation, new trials are required -- Further, trial court must renew offer of assistance of counsel at sentencing stage of proceedings
VIEW OPINION

Contracts -- Venue -- Forum selection clause -- Where forum selection clause in parties' sales contract clearly and unambiguously designated New York as forum for any contractual dispute, and plaintiff made no effort to establish that clause was unreasonable or unjust, trial court erred in failing to grant defendant's motion to transfer venue -- Remand to vacate final judgment and dismiss action
VIEW OPINION

Licensing -- Driver's license -- Suspension -- Refusal to submit to breath test -- Lawfulness of stop -- Officer acting outside jurisdiction -- Where officer outside his jurisdiction observed licensee failing to maintain single lane and then passed out behind wheel at green light, officer had right to make citizen's arrest for breach of peace
VIEW OPINION

Licensing -- Driver's license -- Revocation -- Habitual traffic offender -- Due process -- No merit to arguments that statute requiring revocation of license of licensee designated as habitual traffic offender is unconstitutional and that due process requires opportunity for pre-revocation review -- Licensee who did not avail herself of opportunity for post-revocation review cannot allege due process violation based on lack of review -- Department of Highway Safety and Motor Vehicles is not prevented from entering license revocation order by fact that three years have passed since conviction date of licensee's most recent qualifying offense where licensee failed to demonstrate that department had earlier knowledge of court proceeding, and statute does not prescribe limitation period during which department must act to institute mandatory revocation
VIEW OPINION

Licensing -- Driver's license -- Suspension -- Refusal to submit to breath test -- Lawfulness of stop -- Hearing officer did not err in relying on unsworn supplemental narrative report prepared by stopping officer to determine lawfulness of stop -- Section 322.2615(2) only requires that officer's statement of grounds for believing licensee was driving under influence be in affidavit form and provides that any material submitted to Department of Highway Safety and Motor Vehicles by law enforcement agency is self-authenticating -- Hearing officer could also rely on arresting officer's hearsay statement of reasons for stop -- Failure to use turn signal not valid reason for initial traffic stop where there was no evidence that other traffic was affected -- Improper turn based on licensee's having made wide right turn when exiting fast food restaurant not valid basis for stop, as statute does not prohibit a wide right-hand turn out of a business
VIEW OPINION

Licensing -- Driver's license -- Suspension -- Driving with unlawful blood alcohol level -- Lawfulness of detention -- Licensee, who was seated in driver's seat and apparently asleep, was not unlawfully detained when, after he was awakened, deputy requested or ordered him to open his vehicle door -- Licensee opened door voluntarily when deputy stated that he could not hear licensee through closed door -- Pat down was justified where deputy observed two box cutters in door pocket of licensee's vehicle and became concerned that licensee might have another box cutter in his pocket, deputy had reasonable suspicion that licensee might be armed -- Breath test -- Substantial compliance with administrative rules -- Appellate court defers to hearing officer's interpretation of rule requiring that Florida Department of Law Enforcement inspect Intoxilyzer returned from repair facility as allowing for FDLE inspection at repair facility and not requiring that FDLE inspection occur after delivery to law enforcement agency, as that interpretation is not clearly erroneous -- Evidence -- Horizontal gaze nystagmus -- Hearing officer erred in denying motion to exclude HGN test from evidence where there was no evidence that deputy was properly qualified and trained to administer test -- Because record contains sufficient evidence to support lawfulness of detention and arrest without consideration of HGN test, petition for writ of certiorari is denied
VIEW OPINION

Licensing -- Driver's license -- Suspension -- Refusal to submit to breath test -- Recantation -- Hearing officer's finding that licensee refused breath test is supported by competent substantial evidence where licensee testified that after refusing to submit to breath test, recanting refusal, and again refusing test at accident scene, he recanted his second refusal en route to jail, but documentary evidence reflected only initial refusal, recantation, and repeat refusal at accident scene -- Licensee had burden to prove that he had rescinded his refusal
VIEW OPINION

Licensing -- Driver's license -- Suspension -- Refusal to submit to breath test -- Implied consent warning -- Where refusal affidavit states that licensee was both arrested and read implied consent warning at same time, and no testimony explaining inconsistency was presented, hearing officer's finding that licensee was arrested before he was read implied consent warning is not supported by competent substantial evidence -- Final order of license suspension is quashed
VIEW OPINION

Licensing -- Driver's license -- Suspension -- Refusal to submit to breath test -- Lawfulness of stop -- Investigatory stop by officer who was acting on non-specific tip from tipster who made 911 call reporting that occupants of vehicle were engaged in physical disturbance was unlawful where officer did not independently corroborate occurrence of physical fight or any other crime or suspicious activity before stop -- Final order upholding license suspension is quashed
VIEW OPINION

Insurance -- Personal injury protection -- Affirmative defenses -- Amendment -- In absence of transcript of hearing on insurer's first request to amend affirmative defenses or written order denying request, record is insufficient to establish abuse of discretion by trial court -- No abuse of discretion in denying renewed request to amend where request was made near entry of final judgment
VIEW OPINION

Licensing -- Driver's license -- Suspension -- Refusal to submit to breath test -- Lawfulness of stop -- Deputy who observed licensee failing to maintain single lane and driving with erratic speed had reasonable suspicion for stop -- No merit to argument that stop was unlawfully based on anonymous 911 call reporting reckless driver where deputy based stop on independent observations of licensee's driving made after he identified licensee's vehicle as likely subject of 911 call
VIEW OPINION

Licensing -- Driver's license -- Suspension -- Refusal to submit to breath test -- Lawfulness of stop -- Requirement that calibration of radar device be established as predicate to admissibility of testimony regarding speed measured by device is not applicable in license suspension proceedings -- Officer acting outside his jurisdiction -- No merit to claim that officer failed to act promptly to detain licensee before he drove outside of officer's jurisdiction where video shows that officer activated his lights less than one minute after licensee drove past him -- No merit to claim that officer detained licensee longer than necessary to issue citation where video shows that licensee exited his vehicle ninety seconds after stop and officer began field sobriety exercises less than six minutes later -- Fresh pursuit doctrine is applicable to licensee observed speeding within jurisdiction and authorizes stop where officer pursued licensee for less than minute without interruption prior to extrajurisdictional stop -- Failure to take licensee before judge of jurisdiction in which he was stopped does not affect validity of his arrest where licensee does not identify any resulting delay or prejudice -- Argument that binding precedent holding that warrantless breath tests are reasonable under Fourth Amendment was wrongly decided is not grounds for granting petition for writ of certiorari
VIEW OPINION

Licensing -- Driver's license -- Suspension -- Refusal to submit to breath test -- Lawfulness of stop -- Despite fact that arrest report attributes movements to licensee that are impossible in view of layout of roadways involved where officer explained that he mistakenly switched directions of his vehicle and licensee's vehicle in report, and report further states that licensee made unsignaled left turn that cut off two vehicles, hearing officer's finding that officer had probable cause to stop licensee for traffic infraction of making unsignaled turn that affected other traffic is supported by competent substantial evidence
VIEW OPINION

Insurance -- Personal injury protection -- Scientific evidence -- Abuse of discretion to find that opinion of treating physician concerning reasonableness of charges was expert witness testimony that satisfied Daubert standard where physician relied primarily on his own experience in formulating opinion and did not explain how his experience led to his opinion, why his experience was sufficient basis for his opinion, or how his experience was reliably applied to facts
VIEW OPINION

Criminal law -- Appeals -- Absence of complete transcript -- Affirmance of lower court ruling
VIEW OPINION

Liens -- Attorney's fees -- Prevailing party -- Defendant who prevailed on both counts of lien action is entitled to recover attorney's fees for trial and for appeal of trial court's denial of fees
VIEW OPINION

Insurance -- Personal injury protection -- Proposal for settlement -- Timeliness of acceptance -- Section 768.79(1) and rule 1.442(f)(1) require that proposal for settlement be accepted within 30 days -- Medical provider's motion for enlargement of time to respond to proposal did not toll time for acceptance where insurer did not agree to enlargement of time and provider did not obtain order granting enlargement of time prior to expiration of time for acceptance -- Order enforcing settlement is reversed
VIEW OPINION

Attorney's fees -- Claim or defense not supported by material facts or applicable law -- Notice -- Plaintiff that failed to comply with notice requirement of section 57.105(4) is not entitled to award of attorney's fees and costs under that statute
VIEW OPINION

Insurance -- Personal injury protection -- Standing -- Error to dismiss PIP suit on ground that plaintiff is not medical provider that actually provided services at issue where deposition testimony supporting that finding is contradicted by documentary evidence -- Director of plaintiff that is dissolved corporation was entitled to appoint agent to bring PIP suit in plaintiff's name
VIEW OPINION

Licensing -- Driver's license -- Suspension -- Driving under influence -- Lawfulness of arrest -- Where evidence shows that officer responding to crash was told by victims that their vehicle had been sideswiped by other vehicle and then made contact with licensee, who was only person present with other vehicle, and observed damage on licensee's vehicle, hearing officer's finding that officer had probable cause to believe licensee was driving or in actual physical control of vehicle was supported by competent substantial evidence apart from licensee's admissions to officer
VIEW OPINION

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