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Fla. 5th DCA·
2019-12-20
This case concerns the interpretation of Florida's personal injury protection (PIP) statute regarding medical provider reimbursement. The appellate court held that an insurer is not required to pay the full billed amount if it is less than the statutory fee schedule, but can pay
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Fla. 5th DCA·
2019-12-20
This case involves a dispute over personal injury protection (PIP) insurance reimbursement for medical services. The appellate court granted Geico's petition for certiorari, quashing a lower court decision that mandated full payment of billed amounts under a certain threshold. Th
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Fla. 5th DCA·
2019-12-20
The appellate court granted Geico's petition for a writ of certiorari, quashing a lower appellate court's decision. The case concerned the interpretation of Florida's personal injury protection (PIP) statute regarding insurer reimbursement to medical providers when the billed amo
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Del. Ch.·
2019-12-20
The Court granted Ripple's motion for summary judgment, holding that neither the SEC's Wells Notice nor its filing of an enforcement action constituted a "Securities Default" under the Stockholders Agreement. The Court found that the plain language of the agreement required a fin
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Fla. 5th DCA·
2019-12-19
GEICO petitioned for certiorari review challenging the circuit court's interpretation of Florida's Personal Injury Protection (PIP) statute, which requires reimbursement when a provider's billed amount is less than the statutory fee schedule. The Fifth District Court of Appeal he
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Fla. 4th DCA·
2019-12-18
This appeal addresses whether a public records requester is entitled to attorney's fees when a local Inspector General's Office withheld an initial complaint under a statutory exemption during an active investigation. The court affirmed the trial court's denial of attorney's fees
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Fla. 5th DCA·
2019-12-12
Auto Club Insurance Company of Florida appealed a summary judgment against it in a declaratory judgment action regarding the extent of liability under an automobile insurance policy for loss of consortium claims filed by the parents of a person killed in an accident. The Fifth Di
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285 So. 3d 1031·
Fla. 1st DCA·
2019-12-10
A trial court errs as a matter of law when it orders a former spouse to sign a rental listing agreement in violation of the clear and unambiguous terms of a Marital Settlement Agreement incorporated into a Final Judgment of Dissolution. The trial court's reserved jurisdiction was
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Fla. 3d DCA·
2019-12-04
This case involves a dispute over a buyout provision in a joint venture agreement for a real estate development. The appellate court affirmed the trial court's order granting partial summary judgment for specific performance, finding that the buyer was ready, willing, and able to
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Fla. 3d DCA·
2019-11-20
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Del. Ch.·
2019-10-31
The Court held that the sellers did not breach the Asset Purchase Agreement (APA) because the buyers failed to negotiate for explicit contractual protections regarding the opportunity to re-bid on expiring parts. The court found that the APA's representations and warranties did n
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Del. Ch.·
2019-10-30
The Court denied Allergan's motion to dismiss, finding that the seller's representative, Fortis, adequately pleaded a breach of contract claim based on the plain meaning of the merger agreement and the FDA authorization. The Court also found that Fortis sufficiently alleged facts
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Fla. 4th DCA·
2019-10-30
Natalie Deutsch sought uninsured motorist benefits from her Geico auto insurance policy for injuries sustained while training in a mobile gym operated out of a parked truck. The court affirmed the trial court's judgment denying coverage, holding that the truck was located for use
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S.D. Fla.·
2019-10-28
The court held that genuine disputes of material fact regarding the scope of an assignment preclude summary judgment.
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Fla. 4th DCA·
2019-10-23
# Legal Brief: Yulia v. Forest v. Estate of Norman Dean Kohl, Jr.
The Fourth District Court of Appeal reversed the trial court's denial of the former wife's motion to enforce a settlement agreement, holding that the mutual release agreement constituted a full and final resolutio
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Fla. 2d DCA·
2019-10-16
# Case Brief: Patty Davis v. Sheridan Healthcare, Inc.
**Issue:** Whether the exclusive jurisdiction granted to the Florida Department of Financial Services under the Workers' Compensation Law precludes an injured employee from filing claims under the Florida Consumer Collection
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Fla. 2d DCA·
2019-10-16
The appellate court reversed dismissals of a consumer's claims against medical providers under the Florida Consumer Collection Practices Act (FCCPA). The court held that the Workers' Compensation Law (WCL) does not preclude FCCPA claims for illegal debt collection practices by wo
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Fla. 3d DCA·
2019-10-10
The appellate court affirmed a summary judgment ruling that the Alexander Condominium Association was not required to enforce city registration requirements for transient guests. The court found the Alexander did not meet the city's definition of a "hotel" or "suite hotel" becaus
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Fla. 3d DCA·
2019-10-02
This case concerns a surety's election to complete a defaulted construction contract. The appellate court affirmed the lower court's decision, holding that the surety was permitted to use the defaulting contractor as its completion contractor and was not required to hold a Florid
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Fla. 3d DCA·
2019-10-02
The appellate court affirmed a lower court's declaratory judgment concerning a performance bond dispute. The court held that a surety could use the defaulting contractor as its completion contractor under the bond's terms, and that the surety was not required to hold a Florida co
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Fla. 3d DCA·
2019-10-02
The appellate court affirmed a lower court's declaratory judgment regarding a performance bond. The court held that a surety, after a contractor's default, could use the defaulting contractor as its completion contractor under the bond's terms, and the surety was not required to
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Del. Ch.·
2019-09-25
The court held that while EnCap has the authority to approve a Qualified IPO and take necessary steps to facilitate it, it lacks the power to unilaterally amend the LLC agreement or implement an Up-C IPO structure that deviates from the defined terms of a Qualified IPO. Specifica
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Del. Ch.·
2019-09-23
The court denied the parties' cross-motions for partial judgment on the pleadings regarding the interpretation of Section 2.01(c) of the Asset Purchase Agreement, finding that both parties presented reasonable, yet competing, interpretations of the provision concerning ITG Brands
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Fla. 2d DCA·
2019-09-13
William and Nancy Fitts received a homestead tax exemption in Florida while simultaneously receiving a permanent residency-based tax exemption in Ohio through a third party's error, violating Florida law. The Property Appraiser recorded a tax lien on their Florida home and revoke
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of twenty-seven truancy petitions. The court found the dismissals violated the Superintendent's procedural due process rights by denying notice and an opportunity to be heard, and that the trial court erroneously c
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of twenty-seven truancy petitions. The court found the dismissals violated the Superintendent's procedural due process rights by denying notice and an opportunity to be heard, and that the trial court erroneously c
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of 27 truancy petitions, finding the dismissals violated procedural due process and were based on an incorrect interpretation of law regarding who can file such petitions. The court emphasized the need for notice a
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Fla. 1st DCA·
2019-09-12
Section 63.089(4)(b), Florida Statutes, provides an independent and alternative means of establishing abandonment based solely on incarceration for a significant portion of the child's minority, and does not require proof of abandonment as defined in section 63.032(1) or the fact
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M.D. Fla.·
2019-09-05
The court held that the notice requirement for mediation under Fla. Stat. § 627.7015 does not apply to a third-party assignee, and therefore the assignee must participate in the appraisal process.
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276 So. 3d 36·
Fla. 4th DCA·
2019-07-10
A contract termination provision allowing either party to terminate "during this term, and any renewal thereof" with or without cause and without liability is unambiguous and permits termination at any time during the initial seven-year term, not merely upon renewal. The plain la
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Del. Ch.·
2019-06-05
The Sales Agreement was not subject to the Restricted Activities Provision because it did not require CompoSecure to expend more than $500,000 in any fiscal year. The provision's language, specifically the word "requiring," necessitates a mandatory expenditure, which was not esta
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Del. Ch.·
2019-05-31
The Court of Chancery denied the defendant's motion to dismiss the plaintiff's complaint, finding that the plaintiff stated reasonably conceivable claims for breach of an oral settlement agreement, breach of the lease agreement, and anticipatory breach of the lease. The court hel
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273 So. 3d 251·
Fla. 1st DCA·
2019-05-28
An insurance policy identifying a named insured by a fictitious name limits coverage to business conducted under that fictitious name and does not extend to other businesses operated by the same legal entity. Well drilling operations are not necessary or incidental to a feed stor
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Fla. 2d DCA·
2019-05-24
State Farm sought reimbursement of personal injury protection (PIP) benefits paid to two injured passengers on a school bus from the Lee County School Board and its insurer, Safety National. The trial court granted summary judgment in favor of State Farm, and both appellants chal
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Fla. 2d DCA·
2019-04-24
The lowest permissible sentence (LPS) as defined in section 921.0024(2), Florida Statutes, is an individual minimum sentence applicable to each felony at sentencing for which it exceeds that felony's individual statutory maximum, rather than a collective minimum sentence. When th
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278 So. 3d 545·
Fla.·
2019-04-18
The Florida Supreme Court affirmed a lower court's decision denying bond validation for Halifax Hospital Medical Center. The court held that Halifax, a special tax district, lacked the statutory authority to finance and operate a hospital outside its statutorily defined geographi
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270 So. 3d 447·
Fla. 1st DCA·
2019-03-28
Smokers Video appeals the trial court's finding of probable cause supporting the Sheriff's seizure of over $975,000 in currency and assets under Florida's Contraband Forfeiture Act and RICO statutes. The defendant challenges the trial court's determination that Schedule I control
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264 So. 3d 1191·
Fla. 1st DCA·
2019-03-07
The court addressed whether the Florida Division of Pari-Mutuel Wagering exceeded its delegated legislative authority by adopting its own penalty schedule instead of incorporating the penalty schedule from the Uniform Classification Guidelines for Foreign Substances referenced in
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263 So. 3d 817·
Fla. 1st DCA·
2019-01-14
The Florida First District Court of Appeal reversed an administrative law judge's dismissal of a personal representative's petition to contest a Medicaid lien, holding that a personal representative qualifies as a "recipient" under Florida Medicaid law and may challenge AHCA's au
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263 So. 3d 78·
Fla. 4th DCA·
2019-01-09
A trial court may not adopt a blanket local policy requiring restricted depositories in all probate cases; however, a restricted depository may be ordered when "other cause" exists under section 69.031(1), which must be determined on a case-by-case basis considering factors such
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265 So. 3d 651·
Fla. 1st DCA·
2018-12-31
The International Academy of Design and The International Academy of Merchandising and Design challenged a Department of Revenue determination that they were ineligible for tax exemptions under Florida Statutes section 212.0602 from 2010 to 2013. The central dispute concerned whe
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Del. Super. Ct.·
2018-11-30
The Dewey Beach Board of Adjustment's decision to deny a permit for reconstruction based on non-conforming use abandonment and flood damage reduction ordinance compliance is affirmed. The court found substantial evidence supported the abandonment of the outdoor cooking non-confor
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15th Cir. Ct. App. Div.·
2018-10-15
Petitioners sought certiorari review of a zoning board's denial of their appeal from the Village's revocation of a dock-extension building permit. The court held that the Village's interpretation of its ordinance was unreasonable and clearly erroneous because it relied on an inco
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Del. Ch.·
2018-10-04
The appellate court affirmed the trial court's judgment, holding that Supernus was not entitled to indemnification for breach of the Ordinary Course Covenant because the covenant did not survive the closing and Supernus failed to provide timely notice of its claim. The court also
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2024 WL 4052343·
Del. Ch.·
2018-09-28
The Court held that all challenged drug substance and drug product lots were either for human use or anticipated to be for human use, thus falling under the scope of Section 4.13(a) of the merger agreement. Consequently, the breach of contract claim and the indemnification claim
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Fla. 1st DCA·
2018-08-30
Gator Coin and Blue Sky Games appealed a trial court's declaratory judgment that Blue Sky Games Version 67 is an illegal slot machine under Florida Statutes section 849.16(1). The appellants argued the machine's mandatory preview feature eliminated chance and unpredictability, ma
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Del. Ch.·
2018-06-01
The Delaware Court of Chancery held that Dr Pepper stockholders are not entitled to appraisal rights under Section 262 of the Delaware General Corporation Law in connection with the proposed merger. The court reasoned that Dr Pepper is not a "constituent corporation" as required
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247 So. 3d 64·
Fla. 1st DCA·
2018-05-10
The trial court did not depart from the essential elements of law by applying section 775.021(4)(a) to determine that the maximum sentence for purposes of section 916.303(3) could be structured consecutively, extending the court's jurisdiction beyond the fifteen-year maximum for
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244 So. 3d 343·
Fla. 1st DCA·
2018-04-17
Escheated estate funds under section 732.107 are a distinct subset of property that do not become subject to the entirety of chapter 717, and only section 717.124 applies to such funds. The Department of Financial Services has a ministerial duty to disburse escheated funds upon r
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239 So. 3d 197·
Fla. 4th DCA·
2018-02-28
Scott Meyrowitz appeals a judgment awarding attorney's fees to Andrew M. Schwartz, P.A. based on an offer of judgment made pursuant to Florida Rule of Civil Procedure 1.442(b). The central dispute concerns whether the firm's settlement proposal served on March 3 was timely under