RANDALL S. PIERCE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RANDALL S. PIERCE, APPELLANT,
STATE OF FLORIDA, APPELLEE
583 So. 2d 1095
Florida District Court of Appeal, Fifth District (1991)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
GOSHORN, C.J., DAUKSCH and PETERSON, JJ., concur.
Other
ON MOTION FOR REHEARING
We grant appellant’s motion for rehearing for the purpose of certifying the following question to be of great public importance:
DO FLORIDA’S UNIFORM SENTENCING GUIDELINES REQUIRE THAT LEGAL CONSTRAINT POINTS BE ASSESSED FOR EACH OFFENSE COMMITTED WHILE UNDER LEGAL CONSTRAINT?
Walker v. State, 546 So. 2d 764 (Fla. 5th DCA 1989).
AFFIRMED.
GOSHORN, C.J., and DAUKSCH and PETERSON, JJ., concur.
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White v. Westlund, 624 So. 2d 1148 (Fla. 4th DCA 1993)…ff from an award as a collateral source under section 768.76. See Florida Physician’s Ins. Reciprocal v. Stanley, 452 So. 2d 514, 515-16 (Fla.1984) (jury may consider future unearned benefits, but not those 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…
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In re Standard Jury Instructions IN Civil Cases-Report NO. 09-01 (Reorganization of the Civil Jury Instructions). In re Standard Jury Instructions in Civil Cases-Report No. 09-02 (Greater Weight of the Evidence, 35 So. 3d 666 (Fla. 2010)…FOR 402.14b 1. Conduct on a patient’s part prior to seeking treatment, which furnishes the need for medical treatment, is not a defense to malpractice in the treatment. Whitehead v. Linkous, 404 So. 2d 377 (Fla. 1st DCA 1981); see Swamy v. Hodges, 583 So. 2d 1095 (Fla. 1st DCA 1991). 2. Special verdicts and special interrogatories. Special verdicts are required in all jury trials involving comparative negligence. Lawrence v. Florida East Coast Railway Co., 346 So. 2d 1012 (Fla.1977). c. Comparative neglige…
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Nanjunda Swamy, M.D. v. Caduceus Self Ins. Fund, Inc., 648 So. 2d 758 (Fla. 1st DCA 1994)…result of the carrier’s breach. In short, the damages claimed by Dr. Swamy were not recoverable in Florida, and the trial court properly entered summary judgment for Caduceus. AFFIRMED. MINER, MICKLE and DAVIS, JJ., concur. . See Swamy v. Hodges, 583 So. 2d 1095 (Fla. 1st DCA), rev. denied, 593 So. 2d 1053 (Fla.1991). . In Cope, supra, which was relied upon by Caduceus and the trial court, the bad faith action was brought by an injured third party (e.g., Hodges), as opposed to the insured tortfeasor (e.g.,…
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- Walker v. State, 546 So. 2d 764 (Fla. 5th DCA 1989)