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from Florida's Circuit and County Courts

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Torts -- Injury from aircraft -- Dismissal -- Fraud on court -- Intentional attempt by counsel to hinder administration of justice -- Counsel's breach of duty of candor to tribunal -- Failure of counsel to disclose plaintiff's medical records associated with prior car accident and resulting injuries or symptoms and false statements regarding counsel's knowledge of the accident -- Seeking to introduce expert medical testimony without providing expert with pertinent medical history -- Repeated false statements under oath by plaintiff during deposition -- Motion to dismiss granted -- Defendant entitled to reasonable attorney's fees for entirety of litigation as sanction -- Counsel liable for one-half of reasonable attorney's fees awarded to defendant -- Referral to Florida Bar
VIEW OPINION

Elections -- Candidate qualification -- Action seeking declaration that candidate in upcoming mayoral election is unqualified and removal of candidate from ballot is dismissed -- No merit to argument that elections department impermissibly determined whether content of candidate's qualifying papers were accurate in violation of section 99.061(7)(c) by concluding that check for filing fee was dated for wrong year and offering candidate opportunity to replace check -- It is doubtful that check is “qualifying paper” and, even if it falls within that category, department did not determine accuracy of check by observing obvious scrivener's error -- Intent of statute is to prevent disqualification of candidates by department looking behind facts stated in qualifying papers -- Decision to alert candidate to scrivener's error and allow opportunity for cure is within discretion of department
VIEW OPINION

Torts -- Fraud -- Arbitration -- Where parties' partnership agreement containedarbitration agreement, parties subsequently executed special rider reaffirming arbitration obligation and, on same day, executed addendum to special rider that amended certain substantive provisions of rider having nothing to do with dispute resolution and contained choice of law provision that did not again recite obligation to arbitrate disputes, addendum did not eliminate arbitration agreement expressly or by implication -- Motion to stay and compel arbitration of complaint alleging fraud claim arising out of and related to parties' professional relationship is granted
VIEW OPINION

Torts -- Workers' compensation -- Action by injured employee against employer for breach of duty to cooperate in investigating and prosecuting potential claims against third-party tortfeasors imposed by section 440.39(7) -- Where Workers' Compensation Act imposes duty on employee, employer and carrier to cooperate in investigating and prosecuting third-party claims, but does not provide any civil remedy for damages in event of breach of duty, providing only that failure of employer or carrier to cooperate may result in reduction in amount of any subrogation recovery, private right of action based on breach of duty may not be judicially implied -- Cases recognizing common law tort of spoliation of evidence are not persuasive authority for implying cause of action for damages for breach of duty to cooperate
VIEW OPINION

Criminal law -- Driving under influence -- Search and seizure -- Blood draw -- Where trooper who obtained blood sample from defendant at hospital to which he had been airlifted for surgery following fatal accident was not aware of U.S. Supreme Court's decision in Missouri v. McNeely, which was issued that day, holding that dissipation of alcohol is not per se exigency justifying warrantless blood draw, and trooper acted in good faith belief that blood draw was authorized under section 316.1933(1), good faith exception to warrant requirement is applicable -- Further, exigent circumstances of situation made needs of law enforcement so compelling that warrantless blood draw was objectively reasonable where accident happened at night on only highway in Florida Keys and closed that highway, any judge was two-hour round-trip from accident scene, and defendant had been airlifted to Miami with life-threatening injuries and would be taken into surgery -- Motion to suppress is denied
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Statutory fee schedules -- Policy clearly and unambiguously permitted insurer to limit reimbursement by reference to schedule of maximum of charges
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Statutory fee schedules -- Policy clearly and unambiguously permitted insurer to limit reimbursement by reference to schedule of maximum charges -- Insurer paid charges submitted by provider at appropriate reimbursable amount pursuant to policy
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Statutory fee schedules -- Policy read as a whole clearly and unambiguously permitted insurer to elect permissive payment method
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Statutory fee schedules -- Policy clearn and unambiguously permitted insurer to limit reimbursement by reference to schedule of maximum charges --
VIEW OPINION

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