Documents: Briefs, Court Orders, Jury Instructions, Memoranda and Motions
 
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Chulock v. Steinger Iscoe et. al.   
lawsuit filed by former associate as a whistleblower
 
Fernandez v. InPhyNet - Complaint for Writ of Mandamus   
FPP's Notice of Filing Alternative Writ of Mandamus and Amended Complaint for Alternate Writ of Mandamus in Fernandez v. InPhyNet, et al, pending in Broward County; filed in Leon County dec action in support of Motion to Dismiss
 
Martin v. Genesis Rehab   
Duval County/Judge Arnold - order denying D's M/Dismiss Ch. 415 claim
 
Plaintiff's Memo of Law - Amendment 7   
Rusiecki v. ACH. Plaitiff's memo in support of production of Amendment 7 materials.
 
2003 Tort Reform
 
Berges v. Lambkin   
Order staying resolution of constitutional challenge to 2003 Tort Reform provisions until after liability action resolved; Judge Schumacher
 
Berges v. Lambkin pleadings   
Motions filed by defendant in dec action challenging constitutionality of 2003 Tort Reform provisions
 
Order on Retroactivity of Tort Reform    
This circuit court order holds that the HMO provisions of the 2003 Med Mal Tort Reform act may not be applied retroactively
 
2005 Legislative Proposal
 
Draft Proposal relating to Amendment 7   
Draft Proposal relating to Amendment 7
 
Draft Proposal relating to Amendment 8   
Draft Proposal relating to Amendment 8
 
House Bill 1019   
House Bill 1019
 
House Bill 785   
House Bill 785
 
Proposed Minimum Wage Bill   
This is the proposed Minimum Wage bill.
 
SB 2228   
Senate Bill 2228
 
57.105 Sanctions
 
Bohn v. Sunbelt   
Order awarding sanctions against Plaintiff's Counsel (Wilkes and McHugh) under Fla. Stat. 57.105
 
Bohn v. Sunbelt   
Order assessing fee amount Wilkes and McHugh required to pay for 57.105 sanctions.
 
768.36 in Wrongful Death Cases
 
768.36 Order & Motion Papers   
Order denying pltf's motion to strike 768.36 defense in WD action provided by Sid Crawford (and accompanying motion papers)
 
Amendment 3 (limiting attorney's fees)
 
Floridians for Patient Protection Response   
Response filed by Floridians for Patient Protection (Academy) in Supreme Court proceeding re: Amendment 3
 
Gentry's response   
Response by attorney Gentry to Wagner's petition and Citizen's response regarding implementation of Amendment 3
 
Response by Amendment 3 Sponsor   
Response to attorney Wagner's Supreme Court petition regarding Amendment 3
 
Wagner Petition   
Wagner's Emergency Petition in Supreme Court re: Amendment 3
 
Wagner's Reply   
Wagner's Reply to Citizens' response in Supreme court proceeding regarding implementation of Amendment 3
 
Amendment 7 Tool Kit
 
Academy's Response Mem of Law   
The Academy's "form" response to our Motion for Protective Order re: Amendment 7 requests in litigation
 
Amendment 7 - Omnibus Motion for Protective Order and Mem of Law   
Motion for Protective Order and Memorandum of Law designed to be used on behalf of hospitals in responding to requests for discovery under Amendment 7. Exhibits referenced are posted separately. Call Gail Parenti if you have questions.
 
Amendment 7 Affidavit   
 
Amendment 7 Order - Dade County   
 
Amendment 7 Order Judge Jacobus   
Johnson v Mainwold Order Judge Jacobus is signing
 
Amendment 7 Proposed Order   
Proposed Order - Not entered by any Court - but it would be nice
 
Beane v. Pare   
Order from Martin County finding 381.028 unconstitutional
 
Bilello v. Prison Health Services   
Order from Palm Beach County from Judge Winikoff finding 381.028 unconstitutional
 
Bowen v. Lake City   
Order finding A7 self-executing, retroactive and declaring FS 381.028 unconstitutional, entered by Judge Douglas in Columbia County
 
Bridgman v. HMA   
Order from Pasco County, Judge Cobb, finding that Amendment 7 is not self-executing.
 
Brown v. Good Samaritan   
Order from Judge Lewis in Palm Beach County finding that A7 does not abrogate existing privileges, is not self-executing, and may not be applied retroactively
 
Brown v. UHC   
Order from Judge Lewis in Palm Beach County finding that A7 does not apply to HMOs, and is otherwise not self-executing, not retroactive, does not abrogate existing privileges
 
Burke v. Kammerlocher   
From Judge Carlin in Lee County, applying section 381.028, and finding that Amendment 7 is not self-executing and not retroactive.
 
Daley v. Chapa   
Order from Judge Rondolino in Pinellas County granting Motion for Protective Order on A7, without prejudice to be raised later
 
Defendants' Memorandum re: Peer Review   
AHCA and DOH's Memorandum of Law regarding Peer Review, filed in Leon County dec action re: Amendment 7
 
Defendants' Response to Pls' Motion for Partial SJ and Motion for Temporary Injunction   
DOH and AHCA's response to FHA's Motion for Summary Judgment and Motion for Temporary Injunction in Leon County action re: Amendment 7
 
Dept of Health Memoranda   
 
Earing-Doud v. Sultan   
Order from Judge Luzzo in Broward County, finding A7 is not self-executing
 
Fernandez v. InPhyNet - Mandamus complaint   
FPP's Notice of Filing Alternate Writ of Mandamus and Amended Complaint for Alternate Writ of Mandamus in Fernandez v. InPhyNet, et all, pending in Broward County; filed in Leon County dec action re: Amendment 7
 
FHA v. AHCA   
Motion for Partial Summary Judgment in action regarding effect of Amendment 7; Exhibit to Omnibus Motion for Protective Order
 
FHA v. AHCA   
Complaint in FHA v. AHCA regarding Amendment 7; Exhibit to Omnibus Motion for Protective Order
 
FHA v. AHCA - Order of dismissal   
Order dismissing dec action re: Amendment 7
 
FHA v. AHCA Appeal   
Floridians for Patient Protection's Response to FHA's Motion for Review of Order Denying Stay - 1st DCA appeal from dismissal of FHA's dec action on Amendment 7
 
FHA v. AHCA Appeal   
Appendix to Floridians for Patient Protection's Response to FHA's Motion for Review of Order Denying Stay - 1st DCA appeal from dismissal of FHA's dec action on Amendment 7
 
FHA v. AHCA Notice of Appeal   
Notice of Appeal, Motion for Stay Pending Appeal in Leon County dec action re: Amendment 7
 
FHA's Reply to FPP's Response   
FHA's Reply to Intervenor Floridians for Patient Protection Response, etc., in Leon County dec action re: Amendment 7
 
FHA's Response to FPP's Motion to Intervene   
FHA's Response to Floridian for Patient Protection, Inc.'s Motion to Intervene in Leon County dec action re: Amendment 7
 
FHA's Supplemental Memo in Support of Temporary Injunction   
FHA's supplemental Memorandum of Law in Support of Temporary Injunction, in Leon County dec action re: Amendment 7
 
Floridians for Patient Protection's Motion to Dismiss   
FPP's Motion to Dismiss Leon County dec action re: Amendment 7
 
Graham v. Sultan   
Judge Tobin/Broward County - finding section 381.028 unconstitutional because it does not include dentists
 
Hill v. Delta Health Group   
Pinellas Circuit Court ruling that Amendment 7 does not apply to nursing homes.
 
Kendall v. Dupree Amicus Brief FHA   
FHA's Amicus Brief in Kendall v. Dupree, 5th DCA cert proceeding re: Amendment 7 ruling
 
Kendall v. Dupree Appendix   
Appendix to cert petition pending in 5th DCA from order denying Amendment 7 discovery request.
 
Kendall v. Dupree Defense Response to 5th DCA   
 
Kendall v. Dupree Petition   
Petition for Cert filed in 5th DCA challenging order denying Amendment 7 discovery. A response has been ordered. Appendix posted separately
 
Kroll v. North Broward Hospital Dist   
Order from Judge Andrews in Broward County compelling Amendment 7 discovery; finding A7 retroactive, self-executing, and finding section 381.028 unconstitutional
 
Lynch v. Manatee Memorial   
From Judge Adams in Manatee County, finding A7 not retroactive, not self-executing; refers to 381.028 (implicitly rejecting constitutional challenge)
 
McHale v. Tenewitz   
Adverse A7 ruling from Brevard County
 
McIlraith v. Miami Heart   
Order from Judge Gordon in Dade County granting M/PO, finding that A7 is not self-executing
 
Mejia v. ORHS   
Order entered by Judge Simmons in Seminole County in dec action; finding that A7 does not violate US Constitution
 
Mejia v. ORHS D's Response Memo of Law   
Defendants' Response to Pl's Memo in Dec Action re: A7 constitutional issues
 
Mejia v. ORHS Trial Memo   
Defendant's Trial Memorandum of Law in Dec Action re: constitutional issues surrounding A7
 
Michota v. Bayfront   
Order from Pinellas County, Judge Lenderman, finding Amendment 7 self-executing, but not retroactive
 
MSMC v. Perry Dec Action Complaint    
Complaint filed in A7 dec action by hospital re: scope of "adverse medical incident"
 
N. Gonzalez v. Baptist   
Order from Dade County entering a peremptory writ of mandamus to enforce informal request for A7 information; prospective only
 
Order Granting Defendants Motion for Protective Order   
Order Granting Defendants Motion for Protective Order
 
Richardson v. Nath   
Order granting M/PO under Amendment 7 from Pinellas County, Judge Case.
 
Rozenfeld v. Hialeah Hospital   
Order granting Amendment 7 M/PO from Judge Gill Freeman in Dade County; finds not retroactive
 
Rusiecki v. All Children's Hospital   
Motion for Protective Order re: Amendment 7 to quash Notice of Taking depo of hospital's R/C(Defense attorney: Howard Hunter)
 
Rusiecki v. All Children's Order   
Order from Pinellas County (Judge Case) granting M/PO on Amendment 7 discovery request entered 1/31/05
 
Schafstall v. Baptist Hospital   
Order from Judge Lopez in Dade County finding A7 not retroactive, not self-executing
 
Vital v. Palm Beach Gardens   
Order from Judge Stern in Palm Beach County finding that A7 is not self-executing; otherwise good language on relationship between A7 and existing privileges
 
Widlan v. North Shore   
Order from Judge Gordon in Dade County granting M/PO on grounds that A7 is not self-executing
 
Wilson v. KMC   
Order granting A7 MPO entered by Judge Esquiroz in Dade Couhty; finds not retroactive
 
Amendment 8 Three Strikes Litigation
 
Amendment 8 - Temporary Injunction   
Order granting temporary injunction re: Amendment 8 (Three Strikes), entered by Judge Janet Ferris on 12/1/04
 
FHA v. AHCA (Complaint and MSJ)   
Complaint and Motion for Summary Judgment filed to challenge Amendment 8 - Three Strikes Amendment
 
Amendment 8 Tool Kit
 
Soto v Iurcovich   
Order Sustaining Objection to Amendment 8 Discovery - Plaintiff still complaining about language and wanting hearing
 
Bad Faith
 
Bad Faith Litigation-More than the Failure to Pay   
Outline and case discussion to accompany FLCC Bad Faith Litigation presentation
 
Cunningham Agreement   
Agreement between insurer, insured and claimant to stay tort case and resolve bad faith issues first.
 
Non-waiver Agreement and Consent to Counsel   
Agreement between insured and counsel where defense is being provided under a reservation of rights
 
Chapter 415 - Vulnerable Adults
 
Beaver v. Tampa General   
Hillsborough County/Judge Levens - dismissing Ch. 415 count w/prejudice
 
Benson v. Kindred Hospitals East   
Middle District Judge Corrigan - order denying D's M/SJ on Ch. 415 claim
 
Buice v. Bayfront Medical Center   
Pinellas County/Judge Downey - striking affirmative defense that Ch. 415 count did not state a cause of action
 
Byrne v. Galencare   
Pinellas County/Judge Boyer - Denying M/Dismiss Ch. 415 count
 
Dedrick v. Southern Baptist Hospital   
Duval County - order denying M/Dismiss Ch. 415 claims
 
Gilbert v. Putnam Community   
Putnam County/Judge Larue - order denying M/Dismiss Ch. 415 claim
 
Lathey v. Memorial Healthcare   
Duval County/Judge Carithers - order granting Ds' M/Dismiss Ch. 415 claims
 
Lazo v. Adventist Health System   
Highlands County/Judge Langford - denying M/Dismiss Ch. 415 count
 
Martin v. Genesis Rehab   
Duval County/Judge Arnold - denying M/Dismiss Ch. 415 claim
 
Nieves v. Rehabcare Group   
Miami-Dade County/Judge Leesfield - Order granting M/Dismiss Ch. 415 claim
 
Olibrus v. Parkway Regional   
Dade County/Judge Dresnick - order denying M/Dismiss Ch. 415 claims
 
Perry v. University Community   
Hillsborough County/Judge Simms - order granting M/Dismiss Ch. 415 claim
 
Rivers v. Duval Healthcare Center   
Duval County/Judge Bowden - order denying M/Dismiss Ch. 415 claim
 
Tenenboym v. St. Petersburg General Hospital   
Pinellas County/Judge Case - denying M/Dismiss Ch. 415 count (w/o prejudice)
 
Wilson v. Memorial Hospital   
Order from Judge Taylor in Duval County Dismissing Chapter 415 "neglect" counts
 
Collateral Source Set-offs
 
Goble v. Frohman   
Answer brief filed in 2d DCA re: set-off for bills written off by plaintiff's HMO
 
Court Orders on Medical Reductions post Goble
 
Bemsmihen-Palm Beach County   
 
Byrd - Highlands County   
 
Gerstner-Marion County   
Order Granting Defendant's Motion in Limine Regarding Medical Bills
 
Hollenbeck - Duval County   
 
Johnson - Brevard (Transcript)   
 
Loudermilk - Levy County   
 
Matusczcak - Volusia County   
 
Montgomery - St. Lucie County   
 
Roberts - Palm Beach County   
 
Sloan - Alachua County   
 
Daubert Materials
 
Daubert Motion - Motion to strike forensic acct expert   
Defendant's Motion to Strike Plaintiff's Forensic Accounting Expert's opinions
 
Daubert Order - Order Striking Portions of Forensic Acct Expert's Opinions   
Order Granting in Part and Denying in Part Motion to Strike Plaintiff's Forensic Accounting Expert's Opinions
 
Denying Plaintiff's Motion to Strike Defenses re Intoxification Defense
 
Shauger v. Robbins   
Order denying plaintiff's motion to strike affirmative defenses regarding Fla. Stat. §768.36, "Alcohol or Drug Defense"
 
Employment Law
 
FDLA Amicus Brief - Zamora v. FAU (FCRA Case)   
Amicus brief filed by Sniffen Law Firm, P.A. on behalf of FDLA in Florida Civil Rights Act case.
 
Motion for Summary Judgment Race Discrimination Retaliation   
Memorandum of Law in Support of Motion for Summary Judgment in Reverse Discrimination and Retaliation Case. Summary Judgment was granted.
 
Goble Tool Kit
 
Goble Lecture Handout   
Goble Lecture Materials including Powerpoint, sample motion and list of authorities
 
Goble Order   
Judge Perkins’ Goble Order allowing reductions for PHI pre-jury – Volusia County in the Goble Toolkit
 
Plaintiff's Goble Motion in limine in PHI case with adverse trial orders   
 
Sorrells - Answer Brief and Cross-Brief of Appellees   
 
Sorrells - Brief of Appellant   
 
Sorrells - Reply Brief of Appellants   
 
Sorrells Itemized Verdict Form   
Itemized Verdict From used in Sorrells case to allow for specific post-trial reductions
 
Heldo Gomez, MD
 
Deposition Transcript of Lisa O'Keefe -- Gomez ofc mgr   
Depo Transcript of Lisa O'Keefe, Dr. Gomez's office mgr
 
Gomez Exception to Magistrate's Report & Recommendation   
Heldo Gomez, MD's Exception to Magistrate's Report & Recommendation
 
Gomez Objection & MPO to Subpoena DT   
Heldo Gomez's MPO and Objection to Subpoena DT
 
Hearing Transcript on O'Keefe's MPO   
Hearing Transcript on O'Keefe's MPO
 
Magistrate Report & Recommendation (Lee Cty)   
Report & Recommendation of Magistrate Crongeyer (Lee County)
 
Order on Gomez's Obj & MPO re subpoena DT   
Order of Dr. Gomez; objections and MPO to Subpoena DT
 
Order on Lisa O'Keefe's MPO   
Order on Lisa O'Keefe's MPO
 
Order on MPO of Lisa O'Keefe, Gomez office mgr   
Order on MPO of Lisa O'Keefe, Gomez office mgr
 
Hospital vicarious liability issues
 
Stone v. Palms West   
Order from Palm Beach County granting partial summary judgment in favor of hospital on agency issues
 
Interpretation of dangerous instrumentality cap, Fla. Stat. 324.021(9)(b)(2)
 
Smithers v. Dollar Rent A Car   
Judge Andrews in Broward County rejects the plaintiff's argument that the $500,000 liability for economic damages (in certain cases) is available "per person"
 
Medical Malpractice Damage Caps
 
Cavanaugh v. Cardiology Associates   
Plaintiff's memorandum attacking the constitutionality of medical malpractice damage caps.
 
Gardner v. Tampa General Hospital   
Defendant's Reply to Plaintiff's Response to Motion for Remittitur Pursuant to Section 766.209
 
Memorandum of Law
 
Memorandum of Law   
 
MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT PROGRESSIVE’S MOTION TO BIFURCATE   
 
Model Memorandum of Law in Defending Legislation   
 
Mold
 
Gilman v. Whitehead Construction    
Order Precluding Expert Testimony Pertaining to Mold Related Personal Injuries
 
MOTION TO SEVER AND/OR BIFURCATE
 
DEFENDANT, PROGRESSIVE EXPRESS INSURANCE COMPANY’S MOTION TO SEVER AND/OR BIFURCATE   
 
Motion to Bifurcate   
Motion to Bifurcate
 
Motion to Trifurcate - Intoxication Case
 
Motion to Trifurcate   
Walter Latimer's motion to trifurcate in intoxicated driver case.
 
Negligent credentialing claims
 
LaBorde v. North Shore   
This circuit court order from Dade County resolves the tension between the statutory "corporate negligence" claim against a hospital under 766.110, and the statutory immunity for the credentialing process, in section 395.0191(7).
 
NewCat
 
ORDER GRANTING SUMMARY JUDGMENT   
Order from Judge Merryday in the Middle District granting summary judgment for Scottsdale on issue involving 3rd party liability coverage following policy cancellation. Presently being appealed to the 11th Cir.
 
Order denying plaintiff's motion to strike affirmative defenses regarding Fla. Stat. §768.36, "Alcohol or Drug Defense"
 
Denying Plaintiff's Motion to Strike Defenses re Intoxification Defense   
Order denying plaintiff's motion to strike affirmative defenses regarding Fla. Stat. §768.36, "Alcohol or Drug Defense"
 
ORDER GRANTING BIFURCATION
 
ORDER GRANTING BIFURCATION 102502   
 
Scott Katzman, MD
 
Katzman -- Magistrate Report & Recommendation (Collier Cty)   
Magistrate McGarity's Report & Recommendation re SDT on Scott Katzman, MD
 
Katzman -- Order on Notice of production from non-party   
Katzman -- Order on Notice of production from non-party
 
Katzman Affidavit on the expense to comply with SDT   
Katzman Affidavit on the expense to comply with SDT
 
Katzman Objection to SDT   
Katzman Objection to SDT
 
Katzman Objection to SDT   
Katzman Objection to SDT
 
Katzman-Broward County Order   
Court Order requiring Katzman to produce records pursuant to a subpoena duces tecum
 
Katzman-Motion to Compel docs   
Motion to Compel docs from Scott Katzman, MD
 
Katzman-Order adopting R&R (Collier Cty)   
Judge Hayes' Order adopting Report & Recommendation of Magistrate (Collier Cty)
 
Katzman-Subpoena DT   
Subpoena DT on Scott Katzman, MD
 
SDT
 
SDT MySpace   
This is the SDT I sent to My Space.
 
Single Subject Challenge
 
Benavides v. Dollar Rent A Car   
Memorandum opposing Motion to Strike Affirmative Defense of Statutory Cap
 
Brescher Order   
 
Maas Order   
 
Social Media Orders
 
Facebook Order   
Desoto County Order requiring the Plaintiff to produce her Facebook records (Judge Parker)
 
Order requiring Consent to release Facebook Records    
Order requiring the Plaintiff to produce to Defendant a properly executed consent and authorization for her Facebook records (Broward County)
 
Special Jury Instruction
 
Special Jury Instruction for UM Trials   
 
Standard Jury Instruction MI 3
 
Standard Jury Instruction MI 3   
 
Voir Dire
 
Dick Ford's Voir Dire Indices   
These are the indices to Dick Ford's Voir dire notebooks he takes to trial
 
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