Civil Litigation
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Total Collateral Source Cases: 5
Although an action for wrongful death is distinct from a decedent
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Local rules have the force of law. Local Rule 56.1(A) was designed to facilitate the resolution of summary judgment motions by requiring each party to direct the courts attention to the material facts at issue. If a party submits evidence in support of a motion for summary judgment, a court has the discretion to strike portions not conforming with local and federal rules. The court also embraced the standards for a motion to strike laid out in Ward v. State of Fla., Dept. of Juvenile Justice, specifically that evidence considered on a motion for summary judgment does not have to be in admissible form at that time, including hearsay, but the party must show that it will be reduced to admissible form at trial.
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The court found that the arbitration clause could not be claimed by the newly formed company because it was neither a signatory nor intended third-party beneficiary. Rather, only the parties actually agreeing to the non-compete clause could arbitrate. Furthermore, in dicta, the court found that there was insufficient evidence to prove that the new company was an alter ego of the defendant. Therefore, the court found that, unlike the plaintiff, the newly formed company could not compel arbitration.
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Appellant, insured under an Allstate Indemnity Company insurance policy, sued Allstate when it refused to pay the full amount of his medical bills resulting from an automobile accident. Allstate argued that because the appellant had not been sued by the medical providers, he had suffered no damage. The circuit court agreed and granted summary judgment. The Second District Court of Appeal adopted the reasoning of Kaklamanos v. Allstate Insurance Co., 796 So.2d 555 (Fla. 1st DCA 2001), and reversed the summary judgment. The Kaklamanos court found that an insured could be damaged by an insurance company
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According to the appellate court, the trial court committed clear error in denying plaintiff
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