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Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Policy that provides that insurer may reduce payments to lesser amounts that result from application of fee schedules does not clearly and unambiguously elect to limit reimbursement to permissive statutory fee schedule
VIEW OPINION

Insurance -- Personal injury protection -- Demand letter -- Medical provider's failure to attach to demand letter back side of assignment of benefits that contained only signature of assignor is technical matter that did not prevent demand letter from substantially complying with statute -- Further, insurer waived signature issue by failing to raise issue until after suit was filed
VIEW OPINION

Debt collection -- Evidence -- Hearsay -- Business records -- Affidavit of records custodian is stricken -- Affidavit does not state whether affiant has personal knowledge of documents on which she relies, contains inadmissible hearsay regarding relationship between plaintiff and bank and existence of predecessor in interest to plaintiff, fails to sufficiently identify official records on which affiant relies, and contains deficient certification
VIEW OPINION

Insurance -- Personal injury protection -- Declaratory action -- Motion to dismiss petition seeking declaration as to whether section 627.736(1) provides for $10,000 in PIP coverage or $2,500 in PIP coverage when medical record is silent as to whether injured person did or did not have emergency medical condition is denied -- Failure to attach policy does not warrant dismissal where dispute stems from statutory provisions described in petition -- No merit to claim that petition does not state cause of action for declaratory relief where allegations of petition evince present and actual dispute over scope of coverage -- Declaratory action is not barred by statutory requirement that all claims to recover PIP benefits related to same medical provider for same injured person be brought in one action
VIEW OPINION

Insurance -- Homeowners -- Water extraction contractor's execution of waiver and release of lien releasing claim of lien against homeowners/insureds did not waive and release contractor's claims against insurer
VIEW OPINION

Criminal law -- Refusal to submit to breath test -- Constitutionality of statute -- Search and seizure -- Driver who has impliedly consented to breath test by accepting privilege of operating a motor vehicle does not have a constitutional right to subsequently withdraw that consent -- A driver who exercises the statutory option to refuse to submit to a breath test may properly be charged with unlawful refusal under section 316.1939 provided all statutory elements are met -- Section 316.1939 does not violate the Fourth Amendment -- Question certified
VIEW OPINION

Criminal law -- Refusal to submit to breath test -- Second refusal -- Constitutionality of statute -- Motion to dismiss charge of refusing to submit to lawful chemical or physical test of breath, blood, or urine after having driving privilege previously suspended for a prior refusal is denied -- Search and seizure -- Implied consent statute provides consent to search as an exception to Fourth Amendment warrant requirement -- Section 316.1939 is not unconstitutional on its face or as applied to defendant because it criminalizes exercise of right to refuse to consent to a blood, breath, or urine test -- Question certified: If the implied consent statute provides consent to search as an exception to the Fourth Amendment warrant requirement, then can that consent be withdrawn by refusal to submit to an otherwise lawful test of breath, blood or urine and can the second such refusal be a criminal offense?
VIEW OPINION

Insurance -- Complaint -- Amendment -- Motion for leave to amend complaint to reflect entirely different party is denied
VIEW OPINION

Insurance -- Attorney's fees -- Justiciable issues -- Insurer has failed to prove that voluntarily dismissed case warrants fee award under section 57.105(1) where insurer claims that medical provider was procedurally barred from bringing suit due to its failure to opt out of class action, but insurer produced no evidence that provider actually received notice of class action
VIEW OPINION

Contracts -- Attorney's fees -- Prevailing party -- Mutuality or reciprocity of obligation -- Where consumer credit contract between prevailing defendant and original creditor contains attorney's fees provision, defendant is entitled to attorney's fees under section 57.105(7)
VIEW OPINION

Insurance -- Personal injury protection -- Discovery -- Depositions -- Managing member of medical provider's limited liability company is required to submit to deposition despite not having provided treatment to insured where deposition testimony is related to issues raised by insurer's defense that provider has engaged in fraudulent billing and fabrication of medical records -- No merit to argument that deposition would unduly burden and inconvenience managing member -- Provider's offer to present chief operating officer for deposition does not preclude deposition of managing member
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Divergent judicial opinions from county and circuit courts as to whether policy provision at issue clearly elects to limit reimbursement to permissive statutory fee schedule render policy provision ambiguous per se -- Florida Supreme Court's opinion in Virtual Imaging does not compel finding that policy provision at issue unambiguously elects use of statutory fee schedule -- Sufficiency of policy language was never considered in Virtual Imaging opinion, and policy provision at issue here is much broader and open to wider construction than policy language in Virtual Imaging -- Policy provision that makes vague references to “any and all limitations...including, but not limited to, all fee schedules” does not unambiguously elect to limit reimbursement to permissive statutory fee schedule
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Divergent judicial opinions from county and circuit courts as to whether policy provision at issue clearly elects to limit reimbursement to permissive statutory fee schedule render policy provision ambiguous per se -- Florida Supreme Court's opinion in Virtual Imaging does not compel finding that policy provision at issue unambiguously elects use of statutory fee schedule -- Sufficiency of policy language was never considered in Virtual Imaging opinion, and policy provision at issue here is much broader and open to wider construction than policy language in Virtual Imaging -- Policy provision that makes vague references to “any and all limitations...including, but not limited to, all fee schedules” does not unambiguously elect to limit reimbursement to permissive statutory fee schedule
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Divergent judicial opinions from county and circuit courts as to whether policy provision at issue clearly elects to limit reimbursement to permissive statutory fee schedule render policy provision ambiguous per se -- Florida Supreme Court's opinion in Virtual Imaging does not compel finding that policy provision at issue unambiguously elects use of statutory fee schedule -- Sufficiency of policy language was never considered in Virtual Imaging opinion, and policy provision at issue here is much broader and open to wider construction than policy language in Virtual Imaging -- Policy provision that makes vague references to “any and all limitations...including, but not limited to, all fee schedules” does not unambiguously elect to limit reimbursement to permissive statutory fee schedule
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Divergent judicial opinions from county and circuit courts as to whether policy provision at issue clearly elects to limit reimbursement to permissive statutory fee schedule render policy provision ambiguous per se -- Florida Supreme Court's opinion in Virtual Imaging does not compel finding that policy provision at issue unambiguously elects use of statutory fee schedule where sufficiency of policy language was never considered in Virtual Imaging opinion, and policy provision at issue here is much broader and open to wider construction than policy language in Virtual Imaging -- Policy provision that makes vague references to “any and all limitations...including, but not limited to, all fee schedules” does not unambiguously elect to limit reimbursement to permissive statutory fee schedule
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Divergent judicial opinions from county and circuit courts as to whether policy provision at issue clearly elects to limit reimbursement to permissive statutory fee schedule render policy provision ambiguous per se -- Florida Supreme Court's opinion in Virtual Imaging does not compel finding that policy provision at issue unambiguously elects use of statutory fee schedule -- Sufficiency of policy language was never considered in Virtual Imaging opinion, and policy provision at issue here is much broader and open to wider construction than policy language in Virtual Imaging -- Policy provision that makes vague references to “any and all limitations...including, but not limited to, all fee schedules” does not unambiguously elect to limit reimbursement to permissive statutory fee schedule
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Divergent judicial opinions from county and circuit courts as to whether policy provision at issue clearly elects to limit reimbursement to permissive statutory fee schedule render policy provision ambiguous per se -- Florida Supreme Court's opinion in Virtual Imaging does not compel finding that policy provision at issue unambiguously elects use of statutory fee schedule where sufficiency of policy language was never considered in Virtual Imaging opinion, and policy provision at issue here is much broader and open to wider construction than policy language in Virtual Imaging -- Policy provision that makes vague references to “any and all limitations...including, but not limited to, all fee schedules” does not unambiguously elect to limit reimbursement to permissive statutory fee schedule
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Divergent judicial opinions from county and circuit courts as to whether policy provision at issue clearly elects to limit reimbursement to permissive statutory fee schedule render policy provision ambiguous per se -- Florida Supreme Court's opinion in Virtual Imaging does not compel finding that policy provision at issue unambiguously elects use of statutory fee schedule -- Sufficiency of policy language was never considered in Virtual Imaging opinion, and policy provision at issue here is much broader and open to wider construction than policy language in Virtual Imaging -- Policy provision that makes vague references to “any and all limitations...including, but not limited to, all fee schedules” does not unambiguously elect to limit reimbursement to permissive statutory fee schedule
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Divergent judicial opinions from county and circuit courts as to whether policy provision at issue clearly elects to limit reimbursement to permissive statutory fee schedule render policy provision ambiguous per se -- Florida Supreme Court's opinion in Virtual Imaging does not compel finding that policy provision at issue unambiguously elects use of statutory fee schedule -- Sufficiency of policy language was never considered in Virtual Imaging opinion, and policy provision at issue here is much broader and open to wider construction than policy language in Virtual Imaging -- Policy provision that makes vague references to “any and all limitations...including, but not limited to, all fee schedules” does not unambiguously elect to limit reimbursement to permissive statutory fee schedule
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Divergent judicial opinions from county and circuit courts as to whether policy provision at issue clearly elects to limit reimbursement to permissive statutory fee schedule render policy provision ambiguous per se -- Florida Supreme Court's opinion in Virtual Imaging does not compel finding that policy provision at issue unambiguously elects use of statutory fee schedule -- Sufficiency of policy language was never considered in Virtual Imaging opinion, and policy provision at issue here is much broader and open to wider construction than policy language in Virtual Imaging -- Policy provision that makes vague references to “any and all limitations...including, but not limited to, all fee schedules” does not unambiguously elect to limit reimbursement to permissive statutory fee schedule
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Divergent judicial opinions from county and circuit courts as to whether policy provision at issue clearly elects to limit reimbursement to permissive statutory fee schedule render policy provision ambiguous per se -- Florida Supreme Court's opinion in Virtual Imaging does not compel finding that policy provision at issue unambiguously elects use of statutory fee schedule -- Sufficiency of policy language was never considered in Virtual Imaging opinion, and policy provision at issue here is much broader and open to wider construction than policy language in Virtual Imaging -- Policy provision that makes vague references to “any and all limitations...including, but not limited to, all fee schedules” does not unambiguously elect to limit reimbursement to permissive statutory fee schedule
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Divergent judicial opinions from county and circuit courts as to whether policy provision at issue clearly elects to limit reimbursement to permissive statutory fee schedule render policy provision ambiguous per se -- Florida Supreme Court's opinion in Virtual Imaging does not compel finding that policy provision at issue unambiguously elects use of statutory fee schedule -- Sufficiency of policy language was never considered in Virtual Imaging opinion, and policy provision at issue here is much broader and open to wider construction than policy language in Virtual Imaging -- Policy provision that makes vague references to “any and all limitations...including, but not limited to, all fee schedules” does not unambiguously elect to limit reimbursement to permissive statutory fee schedule
VIEW OPINION

Criminal law -- Solicitation of prostitution -- Constitutionality of statute -- Excessive fines -- $5,000 civil fine imposed pursuant to Section 796.07(6) for offender's first commission of second degree misdemeanor solicitation of prostitution is unconstitutionally excessive -- Fine previously imposed on defendant is stricken -- Question certified
VIEW OPINION

Insurance -- Confession of judgment -- Where, despite sending demand letter demanding payment of $12,950, provider filed jurisdictional statement stating claim did not exceed $99.99 in order to pay lowest available filing fee, and insurer thereafter tendered $99.99 to provider and filed confession of judgment, insurer made valid confession of judgment -- Provider's objection to confession of judgment is overruled, and motion to amend complaint to increase amount at issue is denied -- Provider's strategic decision to claim that lesser amount was in issue is not tantamount to fraud or sham
VIEW OPINION

Insurance -- Personal injury protection -- Attorney's fees -- Discovery -- Depositions -- Failure to attend -- Sanctions -- Where medical provider's representative failed to attend deposition in aid of execution of final judgment for attorney's fees and costs, representative is ordered to appear for deposition, complete fact information sheet, and pay costs incurred due to his failure to appear -- Representative's failure to stay in contact with his attorney does not negate his responsibility to appear for deposition
VIEW OPINION

Contracts -- Credit card agreement -- Where plaintiff presented sufficient evidence to prove that defendant used credit card account opened with plaintiff under its former name to make purchases and obtain cash advances, and that plaintiff was real party in interest and proper party to enforce debt, judgment is entered in favor of plaintiff -- Fact that debt is securitized does not mean that plaintiff as original owner of credit account can no longer enforce its right to collect debt
VIEW OPINION

Criminal law -- Evidence -- Blood test -- Warrantless, nonconsensual, nonexigent blood draw violates state and federal constitutions -- Section 316.1933, which directs law enforcement to require person to submit to blood test by reasonable force if necessary without requiring existence of exigency, is unconstitutional and cannot form basis for good faith exception to exclusionary rule -- Motion to exclude test results is granted
VIEW OPINION

Public meetings -- Sunshine Law -- Dismissal -- Death of plaintiff -- Complaint against school board to enforce Public Meetings Act is dismissed where motion for substitution of parties was not made within 90-day window allowed by rule 1.260(a)(1) following plaintiff's death -- Further, where gravamen of complaint is that threat of trespass prosecution closed school board meetings to plaintiff, case is rendered moot by plaintiff's death
VIEW OPINION

Dependent children -- Termination of parental rights -- Evidence was insufficient to support termination of parental rights based on egregious conduct by parent that was harmful to child -- Evidence was insufficient to establish that termination was required because continued interaction with parent threatened life, safety or health of child and that threat to child could not be remedied by provision of services -- Agency presented no evidence parent subjected child to aggravated child abuse, sexual battery or sexual abuse, or chronic abuse -- Agency failed to prove that termination was in manifest best interest of children or that termination of parental rights was least restrictive means of protecting children from serious harm -- Children are adjudicated dependent -- Amended expedited involuntary petition for termination of parental rights denied
VIEW OPINION

Criminal law -- Possession of cannabis -- Search and seizure -- Investigatory detention -- Officers request that defendant, who was walking along street, “come back here,” requiring defendant to retrace steps 50-100 feet, amounted to show of authority, and stop constituted an investigatory detention -- Even if officer's initial request were not sufficient to constitute investigatory detention, any consensual encounter was converted into investigatory stop where officer continued to seek to search defendant's backpack and person despite defendant's explanation that he was walking home and despite officer having had a limited look inside backpack which revealed no criminal activity -- Because stop was illegal and state failed to prove by clear and convincing evidence that defendant's consent to search was valid, motion to suppress is granted
VIEW OPINION

Dependent children -- Termination of parental rights -- Where infant's severe injuries occurred on single occasion, and at time of injury there were people in home other than mother who had opportunity to inflict injuries intentionally or accidentally, state has failed to prove by clear and convincing direct or circumstantial evidence that mother engaged in egregious conduct that threatens life, safety or health of her six children -- State has failed to prove that continuing involvement in parent-child relationship threatens life, safety or health of children irrespective of services where record is devoid of evidence that mother was offered meaningful services for her substance abuse problem or that provision of such services would have been futile -- Moreover, state has not proven that termination of mother's rights is in best interest of children -- Expedited petition for termination of parental rights is denied -- However, where mother's chronic substance abuse problem places children at substantial risk of imminent abuse or neglect, and mother's neglect resulted in harm to infant, children are adjudicated dependent
VIEW OPINION

Marriage -- Same-sex marriage -- Article I, Section 27 of Florida Constitution, and those parts of sections 741.04(1) and 741.212, Florida Statutes, prohibiting same-sex couples from marrying in Florida violate Due Process and Equal Protection clauses of U.S. Constitution and are thus void and unenforceable -- Directions to court clerk to modify marriage license forms -- Injunction against prosecuting clerks for attempting to comply with order -- Stay pending appeal
VIEW OPINION

Declaratory judgments -- Class action -- Medical records -- Copying fees -- When medical provider receives patient's request for copies of patient's medical records, provider is not legally authorized to charge more than rate applicable when patient requests copies, irrespective of whether patient's request for copies was delivered or initiated by patient's legal representative and irrespective of whether request directed copies to be delivered to patient's legal representative
VIEW OPINION

Mortgages -- Foreclosure -- Limitation of actions -- Where foreclosure action brought by previous mortgage holder effectively accelerated balance due under note and mortgage, foreclosure action filed more than five years later by subsequent mortgage holder is barred by statute of limitations -- Dismissal of previous mortgage holder's action without prejudice did not toll statute of limitations
VIEW OPINION

Torts -- Automobile accident -- Affirmative defenses -- Striking
VIEW OPINION

Injunctions -- Temporary or preliminary injunction -- Landlord-tenant -- Interference with tenant's access to property -- Removal of tenant's personal property
VIEW OPINION

Estates -- Personal representative -- Non-residents -- Ancillary estate -- Non-resident, who is surviving spouse of same-sex marriage which was legal under laws of foreign state and who was named as personal representative in decedent's will, which was probated in foreign state, is qualified to serve as personal representative in Florida for purposes of administering decedent's Florida assets -- Article I, Section 27 of Florida Constitution, and section 741.212, Florida Statutes, are unconstitutional as applied in this estate matter -- Holding is strictly limited to facts before court and to the narrow issue of qualification of non-resident, surviving same-sex spouse to serve as a Florida Personal Representative under section 733.304(3)
VIEW OPINION

Marriage -- Same-sex marriage -- Citizen's right to marry is fundamental right that belongs to individual and is protected by Due Process Clause of U.S. Constitution -- That right encompasses the right to marry a person of one's own sex -- Article I, Section 27 of Florida Constitution and Section 741.04(1), Florida Statutes, are unconstitutional under Due Process Clause -- Equal protection -- Court finds that animus has been established by plaintiffs and that heightened rational basis test is appropriate in determining whether Florida Marriage Protection Amendment violates Equal Protection Clause -- Article I, Section 27 of Florida Constitution and section 741.04(1) are unconstitutional under Equal Protection Clause -- County clerk enjoined from enforcing these provisions to extent that it prohibits same-sex marriage and shall issue marriage license to plaintiffs and similarly situated same-sex couples, subject to same restrictions and limitations applicable to opposite sex couples under Florida law
VIEW OPINION

Marriage -- Same-sex marriage -- Challenge to constitutionality of provisions of Florida Constitution and Florida Statutes limiting marriage to couples of opposite sex, filed by plaintiff who entered into same-sex civil union in foreign state and who now seeks, through Florida petition for dissolution of marriage, to dissolve that union so that she can legally marry her new partner -- Florida's ban on same-sex marriage and refusal to recognize out-of-state same-sex marriages violates petitioner's fundamental right to marry under due process clause and discriminates on basis of sexual orientation, in violation of equal protection clause -- Article I, section 27, Florida Constitution and section 741.212, Florida Statutes, are void and unenforceable -- Order stayed pending outcome of expected appeals on similar issues recently ruled on by other courts
VIEW OPINION

Licensing -- Driver's license -- Suspension -- Refusal to submit to breath test -- Hearing -- Subpoenas -- Refusal to issue subpoena duces tecum for documents related to arresting trooper's training on use of radar and certification of radar device did not violate licensee's right to due process -- Admission of trooper's testimony as to licensee's speed in formal review hearing does not require predicate required in proceedings concerning unlawful speed -- Hearing officer's finding that licensee was speeding was supported by trooper's affidavit and speeding citation -- Lawfulness of breath test request -- Where trooper did not check box on implied consent form to indicate that he had requested that licensee be given approved breath test, and there is no evidence that testing officer had reasonable cause to believe licensee was driving under influence or that trooper's beliefs were communicated to testing officer prior to breath test administration, hearing officer erred in finding that licensee refused lawful request for breath test -- Final order of license suspension is quashed
VIEW OPINION

Licensing -- Driver's license -- Early reinstatement -- Special Supervision Services Program -- Eligibility -- Consumption of alcohol or drugs within 5 years -- Where medical records stated that licensee told doctor that he had taken drug prescribed to his cousin within five years of application for early reinstatement of revoked license, decision of SSS Program to deny licensee's application to participate in program was supported by competent substantial evidence despite fact that licensee also submitted note from doctor stating that medical records are erroneous and affidavit of cousin denying ever giving drug to licensee
VIEW OPINION

Insurance -- Personal injury protection -- Demand letter -- Sufficiency -- Demand letter with attached and referenced itemized billing ledger substantially complied with requirements of section 627.736(10) -- There is no requirement that CPT codes be included in demand letter
VIEW OPINION

Criminal law -- Driving with license suspended -- Search and seizure -- Vehicle stop -- Expired sticker on defendant's vehicle tag provided reasonable suspicion for stop -- Officer was not required to verify expiration on computer before making stop -- Arrest -- Officer had probable cause for arrest where license check revealed that defendant's driver's license was suspended -- Officer's testimony about information received from computer system was not inadmissible hearsay -- Certified copy of defendant's driving record should have been admitted under exception to hearsay rule -- Error to grant motion to suppress
VIEW OPINION

Traffic infractions -- Red light cameras -- Trial court erred in dismissing red light camera citation based on misapprehension that statute requires that state prove identity of driver and allows points to be charged against driver's license of registered owner of vehicle -- Further, trial court erred in requiring state to provide authentication to admit video and photograph of violation into evidence -- Because statute plainly states that photographic or electronic images and streaming video are admissible and evidence that a violation occurred, this evidence is self-authenticating
VIEW OPINION

Licensing -- Driver's license -- Suspension -- Refusal to submit to breath test -- Administrative rule defining approved breath alcohol test as minimum of two samples of breath collected within 15 minutes of each other does not establish requirement that licensee must be given 15 minutes to provide breath samples before test is construed as refusal -- Hearing officer did not err in finding that licensee asking “Do I get another chance?” after he provided two invalid breath samples did not constitute valid recantation of his refusal
VIEW OPINION

Criminal law -- Driving under influence -- Search and seizure -- Suppression hearing -- Evidence -- Hearsay evidence is admissible in and confrontation clause is not applicable to suppression hearings -- Where officers who detained and arrested defendant at scene of two-vehicle crash were told by driver of other vehicle that he observed defendant sitting alone behind steering wheel of vehicle that struck him, failure to call driver to testify at suppression hearing did not invalidate defendant's detention and arrest -- Error to grant motion to suppress
VIEW OPINION

Insurance -- Attorney's fees -- Appellate -- Justiciable issues -- Claim or defense not supported by material facts or applicable law -- Where medical provider presented colorable argument for extension of existing law, and insurer and its counsel knew or should have known that provider's conduct did not warrant motion for sanctions and attorney's fees under section 57.105, insurer's motion for sanctions is denied and provider is awarded appellate attorney's fees for its defense against insurer's motion
VIEW OPINION

Licensing -- Driver's license -- Suspension -- Hearing -- Subpoenas -- Refusal to issue -- Claim that licensee was denied due process by hearing officer's refusal to issue subpoenas for arresting officer and records custodian fails where licensee either failed to conform his requests for subpoenas to administrative rule establishing how to secure subpoenas or failed to challenge hearing officer's interpretation of that rule, and licensee does not argue that rule is invalid
VIEW OPINION

Municipal corporations -- Hearings -- Ex parte communications -- Procedural due process was accorded in city council quasi-judicial proceeding where ex-parte communications between council members, representatives of intervenor, and members of public were sufficiently disclosed prior to final council vote
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Deductible -- Where it is impossible to determine whether jury, having heard evidence of deductible, did or did not apply deductible to expenses before rendering verdict, new trial is required -- Expert witnesses -- Where prior appellate court erred in incorporating provisions of 2008 PIP statute into 2001-2002 policy to determine scope of expert's testimony, current appellate court is not bound to adhere to law of case -- Error to admit expert's deposition testimony on managed care fee schedules for purposes of evaluating reasonableness of medical charges -- Statutory changes creating new reimbursement criteria cannot be applied retroactively to policy and transactions that predate enactment of those changes
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Related and necessary treatment -- Directed verdict -- Trial court properly granted medical provider's motion for directed verdict on issues of relatedness and medical necessity of treatment where provider presented expert testimony that treatment was related and necessary, insurer's expert conceded that his determination that treatment was not related or necessary was not reliable and not a just determination, and insurer did not severely impeach provider's expert
VIEW OPINION

Public records -- Mandamus -- Notes on research into homeless shelters contained in computer tablet of city police officer would not be public records if they were merely used to formulate memoranda to city commission -- Portions of notes that are not contained in memoranda and that were read to commission are public records -- Portions of notes not read to commission are not public records -- Petition for writ of mandamus is denied
VIEW OPINION

Criminal law -- Driving under influence -- Evidence -- Blood test -- Error to deny motion to suppress blood test results where there was not competent substantial evidence to establish that breath test was impractical or impossible -- Breath test was not impossible or impractical where defendant, who could not submit to breath test due to blood in his mouth, was transported to hospital to be medically cleared for breath test, officer who transported defendant did not ask medical personnel how long defendant would have to remain in hospital to obtain clearance before officer requested blood test, and defendant was not asked to submit to breath test when he was returned to breath testing facility within reasonable time -- Defendant's consent to blood test was not voluntary where defendant was not advised that submission to blood test was only an alternative to breath or urine test
VIEW OPINION

Attorney's fees -- Justiciable issues -- Remand is necessary where trial court granted attorney's fees to defendant pursuant to section 57.105 without conducting hearing and making express findings as to whether attorney was acting in good faith based on representations of client
VIEW OPINION

Civil procedure -- Service of process -- Where defendant was personally served with process, process server was not required to inform defendant of contents of document -- Failure to include descriptive narrative of method of execution that is required by administrative order of court, but is not required by statute, does not render return of service irregular on its face or invalidate service of process
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Verdict finding that none of services provided to insured were medically necessary was contrary to manifest weight of evidence where insurer failed to present any evidence to contradict provider's testimony that treatment provided to insured was medically necessary -- Testimony of insurer's expert that all services rendered were not “reimbursable” does not address issue of medical necessity -- Error to deny motion for directed verdict
VIEW OPINION

Criminal law -- DUI with property damage -- Sentencing -- Restitution -- No error in including deductible to repair victim's vehicle and cost of rental vehicle in restitution award -- Error to include cost of gasoline in restitution award where victim would have had to spend same amount on gasoline irrespective of damage to her vehicle
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Deductible -- Amendment to PIP statute that altered manner in which deductible is calculated and decreased maximum deductible allowable is substantive change that cannot be applied retroactively to calculation of deductible under policy that was executed prior to amendment -- Where it is impossible to determine whether jury, having heard evidence of deductible, did or did not apply deductible to expenses before rendering verdict, new trial is required -- Trial court erred in concluding that jury's verdict was not supported by evidence where jury did not find all medical bills necessary and reasonable
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Cancelled policy -- Collateral estoppel -- Trial court correctly barred insurer from pursuing affirmative defense that insured did not have coverage at time of accident due to cancellation of policy where issue had previously been litigated in action against insurer brought by different assignee of insured
VIEW OPINION

Appeals -- Absence of transcript or statement of evidence agreed to by parties and approved by lower court -- Affirmance of lower court ruling
VIEW OPINION

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