ERNEST EDWARDS, JR., APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• White v. Westlund, 624 So. 2d 1148 (Fla. 4th DCA 1993)
  …e earned by the plaintiff); Swamy v. Hodges, 583 So. 2d 1095, 1096-97 (Fla. 1st DCA) (affirming trial court’s refusal to set off future social security benefits), rev. denied, 593 So. 2d 1053 (Fla.1991); Measom v. Rainbow Connection Preschool, Inc., 568 So. 2d 123 (Fla. 5th DCA 1990) (interpreting § 768.76 to bar setoff of collateral source benefits by reasoning that “[cjollateral source benefits are not ‘otherwise available’ ... if such benefits are dependent upon future employment. The statute does not purp…
• Joerg v. State Farm Mut. Auto. Ins. Co., 176 So. 3d 1247 (Fla. 2015)
  …under section 768.76.” (citations omitted)); Swamy v. Hodges, 583 So. 2d 1095, 1096-97 (Fla. 1st DCA 1991) (affirming the refusal of a trial court to grant a setoff for future Social Security benefits); Measom v. Rainbow Connection Preschool, Inc., 568 So. 2d 123, 124 (Fla. 5th DCA 1990) (reversing a setoff for future medical expenses under section 768.76(1)). . For example, the Agency for Persons with Disabilities maintains an extensive waiting list for services available to individuals with particular dis…
• Centex-Rodgers Constr. Co. v. Herrera, 816 So. 2d 1206 (Fla. 4th DCA 2002)
  …f equitable subrogation for the disability insurance payments made to the Plaintiff for his loss of income. Accordingly, the Defendants are not entitled to a collateral source set-off for these payments. Measom v. Rainbow Connection Preschool, Inc., 568 So. 2d 123 (Fla. 5th DCA 1990). 2. The disability carrier’s release or waiver of its common law right of equitable subrogation, pursuant to a negotiated settlement, does not destroy the character of the disability payments and they were collateral source paym…