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State Courts -
Florida - March 11, 2009
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Lifemark Hosps. of Fla., Inc. v. Mercedes Afonso, No. 3D07-1530,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 11, 2009, Opinion Filed
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Overview: An arbitration panel erred in awarding a personal representative loss of earning capacity because under the Medical Malpractice Act, ?? 766.202(3) and 766.207(7), Fla. Stat., the representative had to be awarded damages for loss of earning capacity only "to the extent" she was entitled to recover those damages under the Wrongful Death Act.
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Miami-Dade County v. Ahmed Asad, No. 3D07-363,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 11, 2009, Opinion Filed
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Overview: A trial court properly determined not to exclude the injured persons' attorney's fees, the submission of alibi witnesses, and the dismissal of criminal charges, as the evidence was relevant to the issue of malicious prosecution and was admissible under ?? 90.403 and 90.107, Fla. Stat.
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