Volume 25

25 Fla. L. Weekly Supp. 182b

Online Reference: FLWSUPP 2502THOMInsurance — Defendant was prejudiced in its preparation as result of plaintiff’s failure to properly disclose witness as an expert in its witness list and as result of statement made by plaintiff’s counsel to defense counsel at witness’s deposition that witness was present in capacity as corporate representative, and not as an expert — Motion for new trial granted

25 Fla. L. Weekly Supp. 826b

Online Reference: FLWSUPP 2509RESTVenue — Small claims — Motion to dismiss for improper venue and/or forum non conveniens denied — Defendant failed to meet its burden of demonstrating why venue is improper or why case should be moved to a different forum where defendant failed to file timely affidavit in support of motion, as required by small claims rule and state statute — Subsequent invocation of rules of civil procedure did not cure or give defendant a chance for second bite at raising affirmative defenses of improper venue and/or forum non conveniens

25 Fla. L. Weekly Supp. 561a

Online Reference: FLWSUPP 2506FELIInsurance — Personal injury protection — Venue — Forum selection clause — Where forum selection clause in PIP policy mandates that action against insurer be brought in county where covered person resided at time of accident, and there is no evidence that enforcement of clause would be unreasonable or unjust, PIP case brought in Sarasota County by assignee of insured who resided in Hillsborough County at time of accident is transferred to Hillsborough County

25 Fla. L. Weekly Supp. 550b

Online Reference: FLWSUPP 2506NELSInsurance — Venue — Mandatory venue selection clause

25 Fla. L. Weekly Supp. 42a

Online Reference: FLWSUPP 2501KNAPInsurance — Uninsured motorist — Evidence — Expert — Plaintiff’s motion to exclude testimony of defendant’s expert with regard to severity of impact in two rear-end collisions and inadequacy of those forces to create injuries claimed by plaintiff is granted — Testimony will not assist trier of fact in understanding evidence or determining a fact in issue — Further, there is insufficient scientifically reliable data on which to base certain of the opinions; methods used with respect to certain opinions are not product of reliable principles; and probative value of expert’s opinions is substantially outweighed by danger of unfair prejudice

25 Fla. L. Weekly Supp. 125a

Online Reference: FLWSUPP 2501SIDIInsurance — Settlement agreement — Subrogation action for damages arising from home water leak — Civil procedure — Failure of insurer to attach to complaint the insurance policy at issue — Motion to dismiss granted

25 Fla. L. Weekly Supp. 191a

Online Reference: FLWSUPP 2502HAYEInsurance — Jurisdiction — Plaintiff’s notice of voluntary dismissal has deprived court of jurisdiction to entertain plaintiff’s subsequently-filed motions for rehearing — Where plaintiff’s notice of voluntary dismissal was not received by court clerk until six minutes after commencement of hearing on insurer’s motion for summary judgment, court had jurisdiction to proceed with hearing and render rulings finding motion for summary judgment moot in light of voluntary dismissal and granting insurer’s ore tenus motion for sanctions

25 Fla. L. Weekly Supp. 149a

Online Reference: FLWSUPP 2502MCNUInsurance — Small claims — Summary disposition — Circuit court recedes from prior decision holding that trial judge is permitted to reweigh evidence in support of or in opposition to motion for summary disposition under rule 7.135 and that trial court’s decision on motion for summary disposition is reviewed by appellate panel under abuse of discretion standard — De novo standard of review applies to orders on motions for summary disposition — Summary disposition in favor of medical provider is affirmed

25 Fla. L. Weekly Supp. 617a

Online Reference: FLWSUPP 2507TAYLInsurance — Personal injury protection — Proposal for settlement — Where insurer’s proposal for settlement stated that offer for medical benefits and attorney’s fees and costs was not severable, medical provider’s attempt to accept only benefits portion of offer constituted rejection of proposal and was, instead, a counteroffer

25 Fla. L. Weekly Supp. 892a

Online Reference: FLWSUPP 2510FARMInsurance — No-fault law — Reimbursement — Counties — School boards — Sovereign immunity — Public school bus is included in definition of commercial motor vehicle, and insurer may pursue action for commercial right of reimbursement against school board as owner of vehicle and insurer of vehicle — Sovereign immunity does not bar reimbursement claim — Reimbursement awarded — Defendants jointly and severally liable for full amount