THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK.
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Civil procedure -- Service of process -- Return of service -- Limited liability companies -- Verified return of service indicating that an individual at registered agent's office had accepted summons on registered agent's behalf after allegedly speaking with registered agent to confirm that individual's authority to do so -- Trial court erred by vacating default judgment based on determination that return of service was irregular on its face because it did not indicate that substitute service was effectuated -- Discussion of service on limited liability companies -- Return of service was regular on its face where it recounted the date and time that process server received and served the summons and complaint, and recited that process server had left court papers with individual who told him that registered agent had authorized her to accept service -- Nothing in law states that affixing “substitute service” label is legally required or that its absence from verified return of service renders the return irregular -- Under service of process statutes, “manner of service” means how service was accomplished, not the label affixed to the return of service -- Because return of service was regular on its face, service is presumed valid and defendant had burden to overcome that presumption -- Court rejects argument that service was defective because individual who accepted service was not the registered agent's employee -- Service was properly effectuated under section 48.091(3) where although the statute requires a registered agent to keep one or more individuals who are representatives of the designated registered agent on whom process may be served at the agent's office, the statute does not require that the registered agent employ those individuals -- Section 48.091(4) was not applicable because registered agent's unwillingness or inability to accept service despite her presence in the office did not render her “absent” under the statute -- Registered agent's uncorroborated denial of service cannot defeat service of process when return of service is regular on its face
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Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Reimbursement rate -- Insurer was permitted to pay 80% of the charge submitted by a medical provider that was for an amount less than the amount reimbursable under statutory fee schedule where PIP policy provided notice that the insurer would pay 80% of reasonable expenses for medically necessary services, may limit payment pursuant to the statutory schedule of maximum charges and other statutory limitations, and would pay 80% of a submitted charge if that charge is less than the amount reimbursable under the schedule or other statutory provisions -- Policy provision providing that insurer “will pay eighty percent of the charge that was submitted” is consistent with the mandate of section 627.736(1)(a) to pay 80% of all reasonable expenses for medically necessary services, and transgresses no other provision of the statute -- Court rejects argument that provisions of subsection (5)(a)5 require payment of no less than the full amount of the charge submitted when the amount is below the reimbursement payable under the schedule
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Wrongful death -- Product liability -- Tobacco -- Engle-progeny case -- Fraudulent concealment -- Conspiracy -- Directed verdict -- Trial court erred in denying defendant's motion to set aside judgment in accordance with motion for directed verdict on claim of conspiracy to fraudulently conceal -- Plaintiff's evidence did not satisfy reliance element applicable to conspiracy claims in Engle-progeny cases where none of plaintiff's witnesses testified that decedent relied upon statements from tobacco coconspirators when he chose to begin smoking or at any point during his decades of smoking -- Reliance requires a misrepresentation to have been received, believed, and acted upon -- No new trial required on negligence and strict liability claims as those claims were not inextricably intertwined with conspiracy claim -- New trial required on punitive damages where, to determine both entitlement to punitive damages and amount of those damages, the jury was instructed to consider the conduct of defendant within the tobacco-industry conspiracy that harmed decedent, and plaintiff argued that jury should rely on evidence of the conspiracy in determining punitive damages
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Criminal Law Headnotes (Jump to Civil Law Headnotes)

THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK.
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Criminal law -- Jury trial -- Waiver -- Trial court fundamentally erred by holding a non-jury trial without obtaining a valid waiver of jury trial from defendant -- Defense counsel's statement to the court that the defendant had agreed to a non-jury trial was not a valid oral waiver in the absence of trial court's requisite inquiry of the defendant and on-the-record findings that the waiver was voluntary, knowing, and intelligent -- Remand for new trial
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Rules of Criminal Procedure -- Amendment -- Pretrial release
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