JEROME FELDMAN AND NETWORKS USA XXXX LLC vs. VILLA REGINA ASSOCIATION, INC.

When filing a lawsuit for property damages, it’s important to know the difference between permanent damage and temporary damage as defined by Florida law. This month, the 3rd District Court of Appeals awarded judgement in favor of the defendant in a civil case regarding property damages because the plaintiff neglected to prove the value of repairs for temporary damages, arguing only for an amount equal to the total loss of the property.

A Circuit Court jury found that while the defendant may in fact be liable for damages resulting from water intrusion, the damages did not constitute a complete loss of the property. In the opinion of the jury, the damages could be repaired and therefore the property owner was only entitled to the value of repairs and restoration.

The court granted a motion for new trial. The defendant appealed the court’s decision to the 3rd District Court of Appeals, and the previous judgement was reversed and judgement was entered in favor of the defendant.

If you’ve experienced a financial loss due to property damages, it is important to speak with an experienced attorney who can first determine whether the damages are permanent or temporary in the eyes of the court. The team at Canan Law will assist you in the vital steps which must be taken immediately following the discovery of damages and make sure you receive the full compensation owed to you by the party at fault.

Seevers v. Montiel, Florida First District Court of Appeal – What happens if coverage for your injury is denied?  A woman injured in an automobile accident recently won over $500,000 in attorneys fees and interest, after her reasonable settlement offer was declined.  The appellate court stated, “section 768.79, Florida Statutes, which provides incentives to a party to accept a reasonable settlement offer before trial and imposes significant costs on the party who rejects a reasonable offer to settle a dispute before trial.”  How your case is resolved, either by settlement or after a trial can have a substantial effect on what you recover.  Don’t get injured twice.

After a DUI arrest the DMV suspended the driver’s license and the driver appealed the ruling to the Circuit court. Then, according to the appellate court, the Circuit court failed to apply correct law in reversing
license suspension on ground that arresting officer lacked sufficient basis to
initiate stop of licensee’s vehicle.  Only founded suspicion is necessary to
effectuate a DUI traffic stop, and the findings of the hearing officer clearly
supported the existence of that basis. Tips provided to dispatcher by two
individuals who identified themselves and reported that a possibly impaired
person was attempting to drive away from a convenience store were sufficient to provide founded suspicion for DUI stop. Circuit court applied incorrect law in connection with investigative stop when it relied on cases involving anonymous informants and erred in failing to impute knowledge of dispatcher to the arresting officers and in failing to conclude that officers acted upon a founded suspicion

Houston v. GEO, et al., Florida Fourth District Court of Appeal – Just this week, the Fourth DCA agreed with a prison inmate who argued that his pro se medical malpractice complaint was wrongly dismissed without an evidentiary hearing for the inmate’s failure to provide a corroborating expert opinion, even though the inmate alleged that he was denied timely copies of his medical records.  In Florida, medical malpractice cases generally are required to follow a strict pre-suit procedure.  Part of that procedure includes obtaining copies of all relevant medical records and having those records reviewed by an expert.  If you do not timely receive copies of medical records which are necessary to a proper investigation of your case, that can substantially effect how your case proceeds.  An experienced medical malpractice attorney can evaluate the facts of your case and help you determine whether or not you should proceed with litigation.

Tampa HCP, LLC, et al. v. Bachor, Florida Second District Court of Appeal – How often do you read the medical authorizations, consent forms and other documents you sign before receiving medical treatment? The contents of those documents may determine how you can recover from a healthcare provider in the event of medical malpractice, and maybe even limit the amount of compensation you can receive. Before receiving healthcare treatment, read all forms carefully and make sure you understand what you are signing. If you were injured as a result of medical malpractice, your attorney will need to review all consent forms and other documents you signed to best advise you on how to proceed.

American Safety Casualty Insurance Company v. Mijares Holding Company, LLC, Florida Third District Court of Appeal – Where an accident occurs can be an important fact in analyzing how you can be compensated for your injuries. Most often, insurance policies provide you with money you are entitled to after an accident. However, not every policy has the same coverage, or the same amounts of coverage. More importantly, you must determine if the at-fault party’s policy excludes the type of injury you sustained. So, it is important to make sure you understand your insurance policies and have the coverage you need to protect yourself in the event of an accident or serious injury. An attorney experienced in personal injury claims can investigate how best to help you recover against your own insurance policy or someone else’s.

Joseph v. University Behavioral LLC, Florida Fifth District Court of Appeal – Our own Fifth District Court of Appeal recently held that “the fact that a wrongful act occurs in a medical setting does not necessarily mean that it involves medical malpractice.” In the Joseph case, the Fifth DCA discussed the difference between medical malpractice cases, and simple negligence cases which occur in a medical or healthcare setting. If you are injured in a healthcare facility, in which legal category does your case fall? The answer depends on the circumstances of the incident and nature of your injury. It is important to determine which category your case falls into, because each category has different time limitations, and different requirements which must be met before filing suit.

Bery v. Fahel, Florida Third District Court of Appeal – Once again, Florida’s appellate courts have highlighted the importance of closely following the medical malpractice pre-suit investigation procedures. Every medical negligence case must be thoroughly investigated, and include an evaluation by an expert in the same field of medicine as the alleged malpractice. Since medical malpractice can result in serious injuries, or even death, it is imperative that your case be adequately investigated by attorneys familiar with the pre-suit procedure and the requirements of Florida law.

This case stems from an automobile accident. . Based on that incident, the injured party sued other driver, claiming henegligently operated his truck and improperly changed lanes causing his vehicle to strike the car driven by the injured party. After a four-day trial, the jury returned a verdict in favor of the Defendant, finding no negligence on his part.
The injured party subsequently filed a motion for new trial based on juror
nondisclosure. That motion alleged, in part, that a juror failed to disclose:
(1) prior felony convictions, and (2) that he had been involved in several
automobile accidents in the past. The motion further alleged that one of the
accidents occurred fewer than two years before the trial and the juror was found
to be at fault for improperly changing lanes.

The Fifth District Court of Appeal reversed the trial court and granted a new trial because  the “undisclosed information prevented counsel from making an informed
judgment, which in all likelihood would have resulted in a peremptory challenge.”

The Fifth District Court of Appeals serves many trial courts including those in St. Johns County and St. Augustine.

Jones v. Basha, Inc., Florida 2nd DCA – Just yesterday, the Second District Court of Appeals held that a property owner defendant was not liable for an injury that took place on its property because there was no evidence to suggest that defendant exercised any control over the premises or public access. Its important to remember that the circumstances surrounding an accident or injury are important to determine whether or not you can recover compensation. Everyday we evaluate cases for the facts that will support, or refute, a defendant’s liability. As in the Jones case, it is important to investigate every aspect of the situation to determine how an injury occurred and who may be responsible.