THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK.
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Attorney's fees -- Prevailing party -- Relief from judgment -- Pending claims -- No error in denying defendant's motion to vacate order awarding prevailing party attorney's fees as to one of three counts raised in complaint -- Defendant waived any argument that attorney fee order should be entered only after all counts of complaint have been disposed of where defendant fully participated in fee proceedings without objection -- Trial court properly exercised its discretion not to entertain new argument, which was raised for first time in motion for rehearing -- Additionally, because order concerned a procedural defect, judgment would have been voidable but not void
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Labor relations -- Fair Labor Standards Act -- Attorney's fees -- Prevailing party -- Amount -- Reasonableness -- Contingency multiplier -- Action seeking unpaid wages under FLSA -- No error in trial court's determination of number of hours reasonably expended or in its determination of reasonable hourly fee for each attorney -- Any error in trial court's reliance on state court's decision in Rowe, rather than its federal analog, in conducting lodestar analysis was harmless -- Trial court did not erroneously apply a “contingency multiplier” under state law, but rather applied a fee enhancement under federal law -- No abuse of discretion in applying fee enhancement based on trial court's determination that lodestar did not adequately take into account employer and counsel's conduct in intentionally evading their litigation obligations and ignoring court orders in the hopes that employee would abandon case, which rendered the litigation exceptionally protracted and caused exceptional delay in the recovery of fees
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Rules of Appellate Procedure -- Amendment -- Record -- Correction and supplementation -- Criminal appeals -- Indigent defendants
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Torts -- Defamation -- Punitive damages -- Amendment of complaint to add claim for punitive damages -- Finding that plaintiff established a reasonable evidentiary basis to permit her to plead punitive damages did not foreclose trial court from concomitantly concluding that counterclaimant also established reasonable basis for recovering punitive damages -- Counterclaimant established essential elements of defamation per se by filing affidavit attesting that plaintiff/counter-defendant falsely told others that counterclaimant was mentally ill, an alcoholic, and a drug user who physically abused plaintiff
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Torts -- Insurance brokers -- Dismissal -- Appeals -- Certiorari -- Negligence action brought against insurance broker after plaintiff, who had been involved in an automobile accident while driving for his employer, learned that he was not listed on his employer's vehicle insurance policy at time of accident -- Trial court departed from essential requirements of the law by denying broker's motion to dismiss -- Action against broker was premature where claim was dependent upon a determination that plaintiff's auto accident is not covered under employer's policy -- Negligence claim against broker will remain premature until plaintiff's breach of contract action against insurer is resolved in insurer's favor and against plaintiff -- Fact that judgment has already been entered against plaintiff in auto accident lawsuit does not change analysis -- Dismissal without prejudice, rather than abatement, is appropriate remedy
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Wrongful death -- Medical malpractice -- Presuit requirements -- Notice -- Failure to comply -- Appeals -- Certiorari -- Trial court erred by denying defendants' motion to dismiss negligence claim against physician's employer and lack of informed consent claims against both physician and employer -- Appellate court does not have jurisdiction under rule 9.130(a)(3) because defendants are not challenging corroborating expert's qualifications, but rather allege an absence of any corroborating opinion supporting negligence and informed consent claims -- Appellate court may grant certiorari review to verify that plaintiff submitted a corroborating affidavit -- Discussion of presuit requirements under Medical Malpractice Act -- Because entirety of plaintiff's expert affidavit addressed only claimed negligence of physician, physician's employer received no advance notice of impending litigation concerning its alleged negligence and was thereby deprived of statutorily granted ability to investigate claims and resolve any meritorious claim without need for adversarial litigation -- Likewise, because allegations claiming lack of informed consent were not addressed in corroborating affidavit, neither physician nor his employer were afforded the opportunity to receive adequate information allowing them to evaluate the merits of the claim
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Criminal Law Headnotes (Jump to Civil Law Headnotes)

THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK.
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Criminal law -- Leaving scene of crash with death -- DUI manslaughter -- Vehicular manslaughter -- Given eyewitness testimony and other supporting evidence, trial court did not err by denying defendant's motion for judgments of acquittal on all counts which argued that state had failed to prove defendant was driver of vehicle that caused accident -- Jury instructions -- Trial court did not abuse its discretion by refusing to give requested modification to standard jury instruction for leaving scene of crash with death and instruct jury that, because victim had died immediately and no police had been on scene, defendant had been free to leave the scene to find the nearest police station so he could report the accident -- Under plain language of section 316.062(2), defendant could not legally have left the scene without first ascertaining the condition of the other vehicle's occupant, which evidence shows defendant did not do -- Fact that a death rather than an injury occurs does not trigger a different set of duties
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