ORION INSURANCE COMPANY, APPELLANT,
v.
PAULA KILEY, APPELLEE

Fla. 4th DCA | 1989-11-22
No. 88-1611
DELL and STONE, JJ., and FRANK, RICHARD H., Associate Judge, concur.
559 So. 2d 1157 Florida District Court of Appeal, Fourth District (1989) Positive Treatment
Cited by 11 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The sole issue on appeal is whether the appellant is entitled to judgment in the full amount of $10,000 for PIP benefits despite a $2,000 deductible. This issue has recently been resolved adversely to the insured in International Bankers Ins. Co. v. Arnone, 552 So. 2d 908 (Fla.1989). Therefore, the final judgment is reversed and the cause remanded.

DELL and STONE, JJ., and FRANK, RICHARD H., Associate Judge, concur.


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  • Baptist Hosp. OF Miami, Inc. v. Maler, 579 So. 2d 97 (Fla. 1991)
    …[*98] PER CURIAM. We have for review Maler ex rel. Maler v. Baptist Hospital of Miami, Inc., 559 So. 2d 1157 (Fla. 3d DCA 1989), based on certified conflict with Preast v. Amica Mutual Insurance Co., 483 So. 2d 83 (Fla. 2d DCA), review denied, 492 So. 2d 1334 (Fla.1986). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Joni and James Maler brought a m…
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  • State v. Thewell Eugene Hamilton, 574 So. 2d 124 (Fla. 1991)
    …llowed to testify about “overt acts which might have preju-dicially affected the jury in reaching their own verdict.” § 90.607(2)(b), Fla.Stat.Ann. (1987) (Law Revision Council Note — 1976) (emphasis added). See Maler ex rel. Maler v. Baptist Hosp., 559 So. 2d 1157, 1162 (Fla. 3d DCA 1989) (discussing application of this principle). Obviously, any test that required proof or disproof that jurors actually were prejudiced would quickly run afoul of section 90.607(2)(b). Since Florida jurors may not testify abou…
  • Norman v. Gloria Farms, Inc., 668 So. 2d 1016 (Fla. 4th DCA 1996)
    …ror is approached by a party, his agent or attorneys, or even the trial judge is considered an objective act extrinsic to the verdict which potentially compromises the integrity of the fact-finding process. See Maler v. Baptist Hosp. of Miami, Inc., 559 So. 2d 1157 (Fla. 3d DCA 1990), order approved, 579 So. 2d 97 (Fla.1991); Fitzell v. Rama Indus., 416 So. 2d 1246, 1247 (Fla. 4th DCA 1982). As stated by the third district in Moler: In order to constitute juror misconduct and, therefore, a matter extrinsic to…

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