Civil Litigation
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Total Fica Cases: 2
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
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Harry v. Marchant
15 Fla. L. Weekly Fed. c590 (11th Cir. May 24, 2002)
2002-05-24
FICA
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.
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