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State Courts -
Florida - March 10, 2009
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Dieujuste v. J. Dodd Plumbing, Inc., CASE NO. 1D08-1374,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 10, 2009, Opinion Filed
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Overview: There was no competent, substantial evidence, including a surveillance video, upon which to base a finding that a claimant, either orally or in writing, misrepresented his physical condition, pursuant to ?? 440.09(4), 440.105(4)(b)1-3, Fla. Stat., and an order disqualifying the claimant from workers' compensation benefits was reversed.
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Leavins v. Crystal, CASE NO. 1D08-4836,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 10, 2009, Opinion Filed
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Overview: Because the circuit court did not comply with the procedural requirements of ? 768.72, Fla. Stat. (2008) when it allowed an inmate to skip a step and allege a claim for punitive damages without first properly seeking and receiving permission to do so, the food service employees, against whom the claim was made, were entitled to certiorari relief.
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