Miscellaneous

No Set-Off for Your Own Negligence

No Set-Off for Your Own Negligence . That is what the Florida Supreme Court said December 14, 2017, in a tobacco case, Schoff v. R.J. Reynolds . The cigarette company said the smoker's recovery should be diminished because of his own fault, i.e. he knew smoking causes cancer. The Florida Supreme Court said, "no, not where the wrong doer did what he did intentionally." So, if someone hurts you on purpose, or knowing it is likely you will be hurt, there is no set-off for your own failure to use re...

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Mark Lang & Associates 1/31/2018 Comments(0)

Right to Confidentiality

The Florida Supreme Court finally affirmed a patient's right to confidentiality, even in a medical malpractice scenario. The Florida Legislature had passed a law allowing insurance defense attorneys to speak directly to a patient's doctors, without the patient's lawyer being present or even knowing about it. Our Supreme Court ruled Nay Nay Nay! Declaring that part of the statute unconstitutional, the Court reaffirmed that a citizen's right to privacy trumps all. Weaver v. Myers , decided Novembe...

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Mark Lang & Associates 1/23/2018 Comments(0)

Importance of Providing Notice in Probate Cases

For years the district courts were split in determining whether an individual or entity should be notified of a pending estate. For example, in Morgenthau v. Andzel , and in Lubee v. Adams , the First District Court of Appeal and the Second District Court of Appeal both agreed and held that even if a reasonable ascertainable creditor was not served with a copy of a Notice of Creditors, then that creditor would be required to file a claim within three months after the first publication of Notice ...

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Mark Lang & Associates 11/16/2015 Comments(0)

Go Hence Without Day

The cogent explanation of the phrase go hence without day has been used by many attorneys throughout their legal careers, but few attorneys know the meaning of this historic phrase. In Ball v. Genesis Outsourcing Solutions, LLC , the 3rd District Court of Appeal graciously provided the following to resolve the mystery of the historic phrase: [The] last expression, go hence without day is properly used only in a judgment for a defendant; it should not be used in a judgment for a plaintiff. A litt...

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Mark Lang & Associates 10/1/2015 Comments(0)