Monday, January 25, 2010

Florida Appellate Decisions of Note

Bryant v. Tarma, 21 So.3d 137: Florida does not allow the owner of a single cause of action to split it into more than one lawsuit. Plaintiff brought separate suits - one for property damage, another for injuries - which could only be brought in one action.

SunTrust Bank v. Electronic Wireless Corp., 34 FLW D2461 (Fla. 3d DCA 11/25/09): It is not proper to quash service on the basis that a Summons did not provide information in Spanish and Creole. The FCP's Form 1.902, suggests but does not mandate other languages within the Summons.

Dr. Navarro's Vein Centre of Palm Beach, Inc. v. Miller
, 34 FLW D2395 : A Plaintiff who had brought suit versus a doctor, claiming injuries caused by laser hair removal must comply with Florida's medical malpractice pre-suit requirements.

Diaz-Hernandez v. State Farm Fire & Cas. Co., involved an insured who was denied coverage for UM benefits because he failed to join the at fault, uninsured mortorist in an action against the UM carrier, so as to obtain a judgment against the uninsured motorist. The Court held that such requirement violated Florida's UM statute and created unenforceable requirements.