Supreme Court of Florida - March 2003 Opinion Summaries

VILLAZON v. PRUDENTIAL HEALTH CARE PLAN, INC.

ERISA, Health Law, Injury & Tort Law, Professional Malpractice
A wrongful death action against decedent's health care provider, based on vicarious liability for a physician's negligence, is not subject to ERISA...

PARKER v. STATE OF FLORIDA

Constitutional Law, Criminal Law & Procedure, Sentencing
Section 903.0471, Florida Statutes, setting forth the criteria for bail determinations and pre-trial release, comports with Article I, section 14 of...

WALKER v. VIRGINIA INS. RECIPROCAL

Civil Procedure, Health Law, Injury & Tort Law, Professional Malpractice
An action for contribution based on an underlying medical malpractice claim is subject to the pre-suit screening requirements of chapter 766,...

PAULUCCI v. GEN. DYNAMICS CORP.

Civil Procedure
A court has jurisdiction to enforce a settlement agreement where the court has either incorporated that agreement in a final judgment or approved the...

HUMANA WORKERS' COMP. SERVS. v. HOME EMERGENCY SERVS., INC.

Injury & Tort Law, Insurance Law, Labor & Employment Law, Product Liability, Workers' Compensation
Plain language of an employers' liability insurance policy applying to "bodily injury by accident" did not provide coverage for a claim of negligent...

WILLIS SHAW EXPRESS, INC. v. HILYER SOD, INC.

Civil Procedure, Injury & Tort Law
An offer of settlement made jointly by multiple plaintiffs must apportion amounts attributable to each party, under Fla. R. Civ. P. 1.442(c)(3).

PNR, INC. v. BEACON PROP. MGMT., INC.

Commercial Law, Consumer Protection Law
The Florida Deceptive and Unfair Trade Practices Act may be applied in a private cause of action arising from unfair or deceptive acts involving a...

TREPAL v. STATE OF FLORIDA

Criminal Law & Procedure, Evidence, Habeas Corpus
Regardless of improprieties in an FBI specialist's trial testimony and testing practices in a murder case involving thallium poisoning, testimony was...

STATE OF FLORIDA v. CONEY

Criminal Law & Procedure, Habeas Corpus, Sentencing
Vacating of a death sentence and granting of a new penalty phase proceeding is affirmed, as the circuit court did not err in its fact findings and...

LEVEL 3 COMMUNICATIONS, LLC v. JACOBS

Communications Law, Cyberspace Law, Public Utilities
A telecommunications service provider's collocations revenues were subject to regulatory assessment fees by the Public Service Commission.