CASES - Civil
Torts -- Negligence -- Slip and fall -- Action by plaintiff who fell from ladder in his own house while he was
providing a glass of water to satellite system installer against installer and his employer -- Summary judgment
was properly entered in favor of defendants because there is an absence of a legal relationship that gives rise to
a duty of care upon which plaintiff could recover against defendants -- Defendant, by requesting that plaintiff
climb the ladder, did not assume a duty to provide for plaintiff's safety and security in climbing the
ladder
Reported at 33 Fla. L. Weekly D367d
Wrongful death -- Medical malpractice -- Arbitration -- Cap on damages -- Where defendants in medical negligence action offered to admit liability and submit damages issue to arbitration and subsequently clarified that the offer to arbitrate was for voluntary binding arbitration as set forth under chapter 766, defendants' offer was subject to the provisions of chapter 766, which includes statutory damages limitation -- After plaintiff accepted defendants' clarified offer, trial court erred in compelling arbitration under section 44.104, Florida Statutes, and in ruling that section 766.207, Florida Statutes was inapplicable -- Appeals -- Order compelling arbitration under an incorrect statutory provision is subject to review under rule 9.130, which provides for review of non-final orders which determine the entitlement of a party to arbitration Reported at 33 Fla. L. Weekly D380a
Courtesy of Florida Law Weekly Subscriptions (800) 351-0917
Reported at 33 Fla. L. Weekly D367d
Wrongful death -- Medical malpractice -- Arbitration -- Cap on damages -- Where defendants in medical negligence action offered to admit liability and submit damages issue to arbitration and subsequently clarified that the offer to arbitrate was for voluntary binding arbitration as set forth under chapter 766, defendants' offer was subject to the provisions of chapter 766, which includes statutory damages limitation -- After plaintiff accepted defendants' clarified offer, trial court erred in compelling arbitration under section 44.104, Florida Statutes, and in ruling that section 766.207, Florida Statutes was inapplicable -- Appeals -- Order compelling arbitration under an incorrect statutory provision is subject to review under rule 9.130, which provides for review of non-final orders which determine the entitlement of a party to arbitration Reported at 33 Fla. L. Weekly D380a
Courtesy of Florida Law Weekly Subscriptions (800) 351-0917
Meet the Judges
Two Broward judges sworn in
http://www.dailybusinessreview.com/news.html?news_id=46856
Matthew Destry and Carlos Rebollo have been officially sworn in as Broward Circuit Court’s two newest judges.
The dual robing ceremony was held Friday. Gov. Charlie Crist appointed the two former prosecutors in November to replace Judges Larry Seidlin and Lawrence Korda, who retired last summer after gaining national notoriety presiding over cases involving the late model and tabloid icon Anna Nicole Smith.
Destry joins the domestic violence division. The Stetson University College of Law graduate was an assistant statewide prosecutor for the attorney general’s office, a former prosecutor in Pinellas and Pasco counties and a Fort Lauderdale solo practitioner.
Destry, who grew up in Montreal, said he has “stepped into the position with the idea that I will do the best I can every day in my role as a judge.”
Rebollo will preside over juvenile dependency cases. He said he is “looking forward to treating everyone that comes into my courtroom respectfully, working hard and making the right decisions based on the law.”
The native of Cuba worked as a Broward assistant state attorney for almost 19 years before starting his own practice in August. He grew up in Newark, N.J., and attended Drake University law school in Des Moines, Iowa.