Civil Litigation
Please select a topic from the drop down list
Total Cause Of Action Cases: 5
Trial court abused its discretion when it denied appellant
Read More
The First District Court of Appeal held that late fees due on a promissory note constituted an integral part of the damages and could be included for purposes of determining the jurisdictional amount in controversy. The test for determining jurisdiction is the amount claimed and put into controversy in good faith. Furthermore, the court held that the clerk may enter a default judgment under Fla. R. Civ. P. 1.500(a) only if the defendant fails to file or serve any paper in the action. The court reiterated that the term
Read More
Harry v. Marchant
15 Fla. L. Weekly Fed. c590 (11th Cir. May 24, 2002)
2002-05-24
CAUSE OF ACTION
Hospitals are required to provide appropriate medical screening to determine if emergency medical conditions exist in individuals who present themselves at an emergency department of a hospital. If such conditions exist, the hospital has a duty to provide stabilization treatment prior to discharging or transferring the patient. However, no such duty exists if the patient is neither discharged nor transferred. This rule does not preempt a patient from filing other claims such as state malpractice and tort actions for the negligent acts of a hospital.
Read More
The Second District Court of Appeal granted a writ of certiorari and quashed a discovery order that compelled the petitioner to answer interrogatories propounded by the respondent. The respondent was seeking information on who was providing funds, and in what amounts, to the petitioner
Read More
Florida recognizes a cause of action for medical monitoring when the parties seeking relief have yet to develop any identifiable physical injuries or symptoms.
Read More
