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New Releases
from Florida's Circuit and County Courts

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Consumer law -- Debt collection -- Florida Consumer Collection Practices Act -- Prevailing plaintiffs are awarded statutory damages and attorney's fees
VIEW OPINION

Traffic infractions -- Red light cameras -- Motion to dismiss traffic citation based on argument that city illegally delegated authority to red light camera vendor is denied -- Defendant has not presented evidence or argument showing that vendor performed anything other than ministerial and clerical functions
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Statutory fee schedules -- Clear and unambiguous election by insurer -- PIP policy and endorsement, when read together, clearly and unambiguously elect to limit reimbursement to permissive statutory fee schedules
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Statutory fee schedules -- Clear and unambiguous election by insurer -- PIP policy and endorsement, when read together, clearly and unambiguously elect to limit reimbursement to permissive statutory fee schedules
VIEW OPINION

Insurance -- Personal injury protection -- Insurer is entitled to summary judgment determining that it has paid in compliance with Florida Statutes for medical services rendered, has not violated the statutes, and has not breached the policy of insurance sued upon -- Insurer's policy preserves and adheres to PIP statute's basic mandate that a carrier pay 80% of reasonable charges, contains a definition of a “reasonable charge” that is consistent with the nearly identical definition in the statute, and utilizes clear and unambiguous language in adopting PIP statute's permissive fee schedule limitation -- As a matter of law, insurer's 6126LS Endorsement which was approved by Office of Insurance Regulation, satisfies the requirement of giving notice of insurer's intention to limit reimbursement of medical expenses by applying the schedule of maximum charges -- Because insurer paid plaintiff the maximum amount as calculated pursuant to schedule of maximum charges, plaintiff is not entitled to payment of any additional PIP benefits for charges set forth in its bills -- Jurisdiction over propriety of insurer's notice rests with OIR, not with court
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Statutory fee schedules -- Clear and unambiguous election by insurer -- P IP policy that states that insurer will pay 80% of reasonable charge but in no event will insurer pay more than 80% of No-Fault Act schedule of maximum charges clearly and unambiguously elects to limit reimbursement to permissive statutory fee schedules
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Statutory fee schedules -- Clear and unambiguous election by insurer -- PIP policy that states that insurer will pay 80% of reasonable charge but in no event will insurer pay more than 80% of schedule of maximum charges clearly and unambiguously elects to limit reimbursement to permissive statutory fee schedules
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Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Reasonableness of charges -- Summary judgment -- Medical provider met burden of proving that charges for MRI scans were reasonable by introducing bill, assignment of benefits, and affidavit of its owner/corporate representative -- Mere fact that insurer paid amount less than amount charged by medical provider does not create disputed issue of material fact precluding summary judgment -- Opposing affidavit of non-expert that presents inadmissible lay opinion testimony and relies on inadmissible unauthenticated documents and settlement agreements is insufficient to create genuine issue of material fact and avoid summary judgment -- Even if affiant were offered as expert, she is not competent to be expert witness where her opinions are not based on sufficient facts or data -- Fact that Medicare and other types of insurers pay less than amount billed by provider does not, by itself, create factual issue as to reasonableness of charges -- Where insurer has not elected in policy to reimburse in accordance with statutory fee schedules, evidence that limits maximum reasonable charge to amount equal to or less than 200% of Medicare fee schedule is not relevant or admissible
VIEW OPINION

Insurance -- Personal injury protection -- Request for information or documentation -- Where medical provider failed to respond to insurer's pre-suit request for written report of insured's condition, provider's claim was not overdue at time demand letter was sent and condition precedent to suit was not satisfied
VIEW OPINION

Insurance -- Personal injury protection -- Deductible -- Where insurer failed to provide clear and unambiguous notice of election to utilize permissive statutory fee schedules as method of calculating reimbursement, insurer improperly reduced charges through application of fee schedules before applying deductible to reduced amount
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Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Statutory fee schedules -- Clear and unambiguous election by insurer -- PIP policy and endorsement do not clearly and unambiguously elect use of permissive statutory fee schedules
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Statutory fee schedules -- Clear and unambiguous election by insurer -- Where PIP policy provides that insurer will pay 80% of reasonable medical expenses but also states that in no event will insurer pay more than schedule of maximum charges, and policy was approved by Office of Insurance Regulation, insurer may limit reimbursement to permissive statutory fee schedules -- No merit to argument that, by including language regarding payment of reasonable amount and language placing limitation on that amount, insurer failed to make clear and unambiguous election
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Statutory fee schedules -- Clear and unambiguous election by insurer -- Where definition of “reasonable charge” in PIP policy is hybrid of factors found in reasonable amount method of reimbursement and provisions of fee schedule method of reimbursement, policy is ambiguous as to reimbursement method and did not specifically elect fee schedule method of reimbursement -- Approval of PIP policy by Office of Insurance Regulation is not dispositive as to whether policy makes proper election for payment under permissive statutory fee schedule
VIEW OPINION

Criminal law -- Driving under influence -- Evidence of defendant's refusal to submit to breath test is not admissible where defendant retracted refusal, defendant had been continuously in presence of officers between refusal and retraction, and there would have been no inconvenience to law enforcement in permitting defendant to take test
VIEW OPINION

Insurance -- Small claims -- Insurer's motion to dismiss or for more definite statement and motion to invoke rules of civil procedure are denied
VIEW OPINION

Traffic infractions -- Red light cameras -- City did not impermissibly delegate police power to red light camera vendor where city contracted with vendor to sort images from cameras into queues based on city's written directives and to electronically generate and mail notice of violation and uniform traffic citation after city finds probable cause to issue notice of violation -- Motion to dismiss citation is denied
VIEW OPINION

Torts -- Negligence -- Action for damages caused to plaintiff's condominium unit by water leaking from air conditioner in upstairs unit -- Plaintiff is entitled to recover from tenant of upstairs unit her insurance deductible and cost of new carpeting in damaged room only where tenant was negligent in maintaining air-conditioning unit -- Tenant's landlord is not jointly liable for damages where there is no evidence that duty to repair was placed on landlord
VIEW OPINION

Insurance -- Automobile -- Windshield repair -- Appraisal -- Court reserves ruling on motion to dismiss and/or abate complaint pending discovery on whether insurer waived right to appraisal by utilizing interested appraiser
VIEW OPINION

Insurance -- Personal injury protection -- Attorney's fees -- Confession of judgment -- Although confession of judgment by payment of postage and statutory penalty is not generally recovery of PIP benefits that entitles a plaintiff to award of attorney's fees, insurer that incorporated requirement to pay penalty into PIP policy converted statutory obligation into contractual obligation -- Medical provider that obtained confession of judgment for contractually obligated penalty prevailed on claim for PIP benefits and is entitled to fee award under section 627.428
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Summary judgment -- Opposing affidavit filed by insurer does not preclude summary judgment in favor of medical provider on issues of reasonableness of charges and relatedness and medical necessity of treatment where affidavit does not demonstrate relevance, is not based on sufficient data and personal knowledge, is based on conjecture and speculation, and raises issues not preserved through affirmative defenses
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Insurance -- Automobile -- Windshield repair -- Appraisal -- Motion to dismiss and/or abate and motion for protective order invoking appraisal provision of policy are denied -- Appraisal is not appropriate where insured seeks to invalidate limits of liability provisions of policy and where damaged parts can be repaired or replaced
VIEW OPINION

Insurance -- Automobile -- Windshield repair -- Appraisal -- Motion to dismiss and/or abate and motion for protective order invoking appraisal provision of policy are denied -- Appraisal is not appropriate where insured seeks to invalidate limits of liability provisions of policy and where damaged parts can be repaired or replaced -- Where insured contends that insurer's selected appraiser is not disinterested, as is required by policy, court will allow discovery on that issue
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Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Statutory fee schedules -- Clear and unambiguous election by insurer -- PIP policy that states that insurer will pay 80% of amount it deems reasonable, that insurer will consider multiple factors when calculating what reasonable amount will be and that in no event will insurer pay more than 80% of amounts listed in schedule of maximum charges clearly and unambiguously elects to limit reimbursement to permissive statutory fee schedules
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Statutory fee schedules -- Clear and unambiguous election by insurer -- Where PIP policy states that in no event will insurer pay more than 80% of No-Fault Act schedule of maximum charges, and policy was approved by Office of Insurance Regulation, insurer has clearly and unambiguously elected to limit reimbursement to permissive statutory fee schedules
VIEW OPINION

Contracts -- Credit card account -- Account stated -- Standing -- Assignment -- Plaintiff has not demonstrated standing to collect credit card debt as assignee of original creditor where plaintiff did not show that defendant's account was part of portfolio of charged-off accounts bought from original creditor and did not show that terms and conditions of sale of those accounts provided for purchase and assignment of defendant's entire account, including right to collect -- Further, complaint does not state cause of action for account stated where single itemized statement of account and copy of any agreement by defendant to pay balance were not attached to complaint, and plaintiff does not allege that defendant promised to pay balance
VIEW OPINION

Child custody -- Temporary custody by extended family member -- Evidence established that biological father is currently unfit to care for and provide for children -- Petition filed by maternal grandparents is granted -- Petitioners met burden of proof under Chapter 39 by showing that father had abandoned or neglected children within meaning of statute, and best interests of children are served by their remaining with petitioners -- Paternal grandmother's petition for concurrent custody is denied
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Mortgages -- Foreclosure -- Default -- Vacation -- Service of process -- Constructive service -- Diligent search -- Where mortgagor has lived in United Kingdom since inception of mortgage on Florida vacation home, and mortgagee has sent correspondence to mortgagor's UK address on multiple occasions, including after foreclosure complaint was filed, single attempt at personal service at Florida vacation home did not constitute diligent search for mortgagor's address and did not satisfy requirements for constructive service -- Default judgment of foreclosure is void for lack of jurisdiction -- Certificates of sale, title and disbursements are vacated
VIEW OPINION

Mortgages -- Foreclosure -- Relief from judgment -- Fraud upon court -- Defendant's allegations that former attorney filed notice consenting to entry of final judgment of foreclosure without his knowledge or consent were unrefuted and not inherently implausible -- Attorney's actions constituted extrinsic fraud upon court that empowers court to grant relief from judgment -- Although it is unclear whether defendant was required to demonstrate existence of meritorious defense to warrant relief from judgment, answer raising an issue that would entitle defendant to at least partial relief if successful satisfied any such requirement -- Final judgment, foreclosure sale, certificate of title, and writ of possession are vacated
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Criminal law -- Post conviction relief -- Ineffective assistance of counsel -- Motion for post conviction relief not alleging that defendant had reasonable probability of acquittal but for counsel's alleged failure to properly investigate and prepare case but that counsel's failures resulted in rejection of plea offer of which defendant was aware -- Court questions whether defendant's claim is legally cognizable -- However, defendant is entitled to evidentiary hearing where allegations are not conclusively refuted by record
VIEW OPINION

Attorney's fees -- Estates -- Attorney who had entered into retainer agreement with decedent prior to her death for representation is legally prohibited from foreclosing his lien on decedent's homestead property to satisfy purported debt arising from his legal services -- Defendant's motion for summary judgment on lien foreclosure count granted -- With respect to count alleging cause of action for breach of contract, genuine issues of material fact exist, as there is no undisputed evidence establishing amount of fees purportedly still owed to attorney by client's estate, whether retainer agreement was, in fact, breached, and whether attorney was entitled to seek attorney's fees beyond those explicitly claimed as part of settlement of underlying litigation -- Motion for summary judgment on breach of contract count denied
VIEW OPINION

Public records -- Municipal corporations -- City unlawfully refused to permit public records to be inspected or copied when it failed to conduct timely, good-faith search for the records requested; misrepresented to plaintiff that all responsive records had been located and produced; failed to maintain electronic communications in a manner that prevented their accidental destruction or deletion by individual city officials; and failed to produce public records responsive to request until threatened with litigation and ordered by court to conduct proper search -- Defendants directed to require all city officials or employees who use electronic devices to communicate regarding matters of official business to conduct those communications only on devices that records those communications on servers directly accessible by city's public records custodians and further directed to search for all responsive electronic communications at time public records requests are made
VIEW OPINION

Torts -- Claim of intentional infliction of emotional distress against third-party administrator of employer's workers' compensation claims, alleging intentional delay in authorizing recommended surgery, did not rise to level of “outrageousness” required for imposition of liability -- Mere delay or simple bad faith in handling workers' compensation claims is not actionable tort -- Allegations of mental anguish made by plaintiff do not approach exceptional circumstances required to state cause of action -- Third amended complaint dismissed with prejudice
VIEW OPINION

Criminal law -- Post conviction relief -- Claim that state exercised peremptory challenge in discriminatory manner and gave inadequate race-neutral explanation for excluding prospective juror should have been raised on direct appeal and is not cognizable under rule 3.850 -- Claim that counsel provided ineffective assistance by failing to object to trial court's failure to advise jury that it could request read-back of testimony was unsupported by showing of prejudice -- Claim that counsel provided ineffective assistance by failing to object to manslaughter jury instruction is without merit, as correct instruction was used -- Comments by prosecutor in closing argument did not amount to bolstering of eyewitness's credibility, and counsel was not ineffective for failing to object on that basis -- Jury instructions -- Claims that trial court committed fundamental error by reading a misleading self-defense instruction to jury and failing to instruct jury on justifiable and excusable homicide were properly raised on direct appeal and are not cognizable in rule 3.850 proceedings -- Claims that trial counsel provided ineffective assistance by failing to object to jury instructions on justifiable and excusable homicide and self-defense are without merit
VIEW OPINION

Criminal law -- Sentencing -- Correction -- Fifteen-year sentence imposed upon revocation of probation was not an illegal sentence under rule 3.800(a) where probation was revoked based on new substantive offense of attempted felony murder, and defendant was originally placed on probation for extortion, a second-degree felony punishable by 15 years in prison -- Motion denied
VIEW OPINION

Torts -- Negligence -- Real estate appraisers -- Action against individual appraiser and appraisal company asserting claims of false information negligently supplied for guidance of others, negligent misrepresentation, and respondeat superior allegedly arising from defendants' preparation of real estate appraisal on which a non-party lender relied in re-financing a mortgage transaction -- Standing -- Assignee -- Assignment of rights, title, and interest in all loan documents without an assignment of the right to prosecute tort actions confers no right to pursue a tort claim upon the assignee -- Exhibits attached to second amended complaint failed to demonstrate unbroken chain of assignments of note and mortgage or tort claims from original lender to the plaintiff -- To extent plaintiff's claims are based on a master servicing agreement between certain entities and statutory trust to which the underlying mortgage was sold, plaintiff failed to attach documents which would establish standing -- Limitation of actions -- Plaintiff's claims are also barred by four-year statute of limitations for action founded on negligence -- Second amended complaint dismissed with prejudice
VIEW OPINION

Torts -- Premises liability -- Slip and fall on water on floor of apartment complex laundry room -- Plaintiff cannot rely on affidavit of her mother to defeat defendant's motion for summary judgment where there were glaring discrepancies between the affidavit and plaintiff's own deposition testimony and no credible explanation for the discrepancies -- Further, affidavit was entirely speculative, vague, and conclusory and was not based on personal knowledge -- Undisputed evidence presented by defendants support summary judgment in their favor on ground that they did not have actual or constructive knowledge of water on laundry room floor where plaintiff allegedly slipped and fell -- Defendant's motion for summary judgment granted
VIEW OPINION

Torts -- Hospitals -- Negligent security -- Discovery -- Non-parties -- Medical records -- Motion to compel production of psychiatric records, including patient observation record or “behavioral log” and patient diagnosis, pertaining to non-party patient who allegedly assaulted and injured plaintiff during plaintiff's inpatient stay at defendant hospital's psychiatric unit -- Non-party psychiatric records requested are relevant and reasonably calculated to lead to discovery of admissible evidence because they are probative of whether and to what extent defendant's conduct foreseeably caused plaintiff's injury -- Redaction of identifying information from requested documents sufficiently preserves non-party's privacy rights -- Copies of redacted documents must be returned to defendant's counsel or destroyed at end of litigation
VIEW OPINION

Contracts -- Real estate brokers and salespersons -- Commission dispute between broker; real estate corporation listed as “cooperating broker” on purchase contract, which corporation was formed by broker and registered under broker's license; and real estate agent who was not employed by broker -- Intervention by purchasers, who had entered into commission rebate agreement with agent, seeking to impose on corporation the legal obligation to pay portion of commissions earned pursuant to theory of apparent agency, a purported oral agreement, and Chapter 475 -- Allegations of second amended intervening complaint were insufficient to state valid cause of action for breach of contract or fraudulent misrepresentation against individual broker or corporate entity -- Second amended complaint dismissed with prejudice
VIEW OPINION

Criminal law -- First degree murder -- Armed kidnapping -- Evidence -- Scientific evidence -- DNA -- Probabilistic genotyping -- Because court concludes that 2013 legislative amendments to evidence code adopting Daubert standard for expert testimony are substantive in nature, and because court is bound by Crane Co. decision of Fourth District Court of Appeal applying Daubert standard, circuit court will apply Daubert standard to challenged scientific evidence -- Where state met burden to demonstrate that probabilistic genotyping and STRmix software are reliable, expert may testify concerning genotyping, software and results of analyses performed
VIEW OPINION

Torts -- Negligence -- Premises liability -- Trip and fall -- Action brought against homeowners associations and property management company by unit owner who injured herself while walking to her car in area owned, controlled, or maintained by defendants -- Defendants' motion for summary is denied where there exist disputed issues of material fact as to whether defendants' failure to provide code-compliant walkway or their failure to maintain landscaping strip on which plaintiff fell amounts to failure to construct or maintain premises in reasonably safe manner -- Additionally, question of whether plaintiff was contributorily negligent or had assumed risk of injury through her conduct must be decided by jury
VIEW OPINION

Contempt -- Direct criminal -- Trial court was not authorized to order contemnor to make charitable contribution as sanction for direct criminal contempt
VIEW OPINION

Licensing -- Driver's license -- Suspension -- Driving under influence -- Lawfulness of stop -- Officer who observed licensee asleep in driver's seat of vehicle stopped on road shoulder with keys in ignition had reasonable suspicion for stop -- Evidence -- Hearsay -- Because hearsay evidence is not prohibited in Department of Highway Safety and Motor Vehicles hearings, hearing officer did not err in considering arresting officer's statement regarding reason given by stopping officer for stop
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Criminal law -- Jurors -- Voir dire -- Trial court abused its discretion when it strictly limited voir dire to 30 minutes -- Defense counsel preserved issue for appeal by requesting additional time and, when that request was denied, asking to approach the bench; and later identifying additional areas about which she wished to inquire and the jurors to whom she sought to direct those inquiries
VIEW OPINION

Judgments -- Void -- Where parties entered into settlement agreement which provided that in the event defendant failed to make payments as required by stipulation of settlement, plaintiff would be entitled to entry of stipulated final judgment without further notice or hearing upon filing of affidavit of non-payment for the amount prayed for in the statement of claims, final judgment entered against defendant was void where no affidavit of non-payment was ever filed and defendant was not provided notice or opportunity to be heard when final judgment was requested by plaintiff -- Motion to vacate granted
VIEW OPINION

Criminal law -- Driving under influence -- Argument -- Silence of defendant -- Prosecutor's comment that defendant had opportunity to not lose her license and to provide a breath sample, standing alone, was not fairly susceptible as being interpreted as comment on defendant's right to remain silent -- However, question “why don't we have the evidence to show you today” invited jury to conclude that state would have been able to meet its burden of proof if only defendant had not refused breath test -- Trial court erred in overruling defendant's objection to this comment -- Error not harmless
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Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Reasonable, related, and necessary treatment -- Affidavit submitted by insurer in opposition to provider's motion for summary judgment was sufficient to demonstrate existence of genuine issues of material fact as to reasonableness of medical bills and necessity of treatment, thereby precluding entry of summary judgment -- Insurer can challenge necessity of medical treatment at any time
VIEW OPINION

Licensing -- Driver's license -- Agency applied wrong statutory criteria in denying licensee's request for reinstatement of driving privilege -- Because licensee had never been convicted of driving under influence, hearing officer need not have considered whether licensee had driven in previous 12 months -- Further, record suggests that it was error r to impose habitual traffic offender status where unrebutted testimony was that licensee never held Florida driver's license -- Issue should be considered before lower tribunal on remand
VIEW OPINION

Municipal corporations -- Code enforcement -- Demolition of property declared to be a public nuisance -- Competent, substantial evidence supported lower tribunal's finding that property constituted a public nuisance -- However, due process was not afforded petitioner where notice of hearing was mailed only five days before scheduled hearing
VIEW OPINION

Counties -- Code enforcement -- Parking commercial vehicle in residential zone -- Where county code that prohibits parking trucks designed for commercial purpose in residential zone specifically exempts vehicles with capacity of one ton or less, special master erred in finding that owner of small truck outfitted for pressure-washing business and parked in residential zone violated code without evidence of truck's capacity
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Statutory fee schedules -- Clear and unambiguous election by insurer -- PIP policy that defines medical benefits as 80% of all reasonable expenses incurred but which also states that insurer will refuse to pay for medical benefits that are unreasonable or unnecessary and that any charges that exceed the maximum charges of permissive statutory fee schedule will be deemed unreasonable clearly and unambiguously elects to limit reimbursement to statutory fee schedule -- Trial court erred in finding policy language to be ambiguous
VIEW OPINION

Criminal law -- Jury trial -- Waiver -- Where no waiver of defendant's right to jury trial appears on record, new trial is required -- Statute that allows trial court to waive jury trial right for defendant charged with offense punishable by imprisonment of six months or less if court certifies that it will not impose jail time or adjudicate defendant guilty if convicted is not applicable where defendant was charged with offense punishable by up to one year of imprisonment
VIEW OPINION

Criminal law -- Prohibition -- Limitation of actions -- Where state arrested defendant on charges of violation of injunction against domestic violence more than two years after dates of alleged offenses, and evidence does not support finding that state conducted diligent search for defendant that would render delay in executing arrest warrant reasonable or that defendant was continuously absent from state so as to toll statute of limitations, petition for writ of prohibition is granted
VIEW OPINION

Liens -- Foreclosure -- Trial court erred in granting summary judgment in action to foreclose judgment lien recorded against property that was owned by defendant as tenant in common at time judgment was recorded against co-tenant and that is now fully owned by defendant -- Plaintiff cannot foreclose on defendant's property to enforce judgment lien recorded against prior co-tenant where property has continuously been defendant's exempt homestead property since before lien was recorded -- Further, trial court erred in entering summary judgment where undisputed evidence before it showed that original ten-year period of lien expired during course of litigation and lien was no longer valid at time of entry of final judgment -- Initiation of suit within original 10-year period did not toll lien
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Emergency medical condition -- Confession of judgment -- Where medical provider failed to provide determination that insured had EMC at time it filed claim for PIP benefits, provider was not forced into litigation by insurer's failure to pay more than $2,500 in benefits, and trial court erred in finding that insurer's payment of additional benefits after provider supplied post-suit determination that insured had EMC constituted confession of judgment
VIEW OPINION

Criminal law -- Driving under influence -- Search and seizure -- Investigatory detention -- Deputy had reasonable suspicion to seize defendant's keys and temporarily detain defendant for DUI investigation after she heard screeching of tires and saw defendant's vehicle come within inches of striking patrol car, defendant claimed not to have seen flashing lights of two patrol cars and a tow truck in the roadway, and deputy noticed that defendant had slurred speech, odor of alcohol and bloodshot eyes
VIEW OPINION

Criminal law -- Post conviction relief -- Failure to address all issues raised in motion -- Remand for consideration of unaddressed claim
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Trial court erred in granting summary judgment on reasonableness of provider's pricing where affidavit filed by insurer raised issues of material fact
VIEW OPINION

Insurance -- Appraisal -- Trial court departed from essential requirements of law by denying motion to enforce appraisal where insurer invoked appraisal provision of policy and sole dispute was amount of loss, which fell within appraisal provision
VIEW OPINION

Insurance -- Personal injury protection -- Trial court erred in denying insurer's timely-filed motion to amend affirmative defenses to add plaintiff's lack of standing to sue on bills incurred by another entity where there was no showing that plaintiff would be prejudiced, that insurer abused privilege to amend, or that amendments would be futile
VIEW OPINION

Licensing -- Driver's license -- Competent, substantial evidence supported hearing officer's denial of early reinstatement of revoked license and request for business purposes only hardship license -- Record did not support licensee's claim that hearing officer was biased based on licensee's age and most recent car accident
VIEW OPINION

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