Civil Litigation
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Total Sanctions Cases: 9
Court of Appeal found no abuse of discretion in declining to offer plaintiff a new trial in lieu of accepting remittitur where the court found that a misstatement on a special verdict form neither justified the jury
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Horsley v. Rivera
15 Fla. L. Weekly Fed. c613 (11th Cir. June 7, 2002)
2002-06-07
SANCTIONS
Summary judgment was improperly denied where defendant
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An insurer is not obligated to compensate the insured in money for any diminution in market value after the insurer completes a first-rate repair which returns the vehicle to its pre-accident level of performance, appearance, and function, even where the automobile collision policy states that the insurer must repair or replace the damaged vehicle
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Plaintiffs filed a medical malpractice claim against defendants. Defendants refused arbitration and the parties ultimately entered into a settlement agreement. The trial court found that the insurer
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Thompson v. Hodson
27 Fla. L. Weekly D1042a (Fla. 1st DCA May 17, 2002)
2002-05-17
SANCTIONS
The court found that even if allegedly improper comments made by doctor
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A party adversely affected by the trial court
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Carbino v. Ward
27 Fla. L. Weekly D12 (Fla. 5th DCA Dec. 21, 2001)
2001-12-21
SANCTIONS
This was an accident case which the plaintiffs demanded policy limits of $100,000 which was rejected. Subsequently, the defendant insured did not appear at mediation on the advice of his attorney and made no prior request to be relieved of the requirement to appear at mediation. Defendant
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There was no abuse of discretion where the trial court struck defendant
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The appellate court found that the trial court abused its discretion in imposing the ultimate sanction of a dismissal where the plaintiff
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