JENNIFER EFRON, A MINOR, THROUGH HER PARENT AND LEGAL REPRESENTATIVE, DAVID EFRON, APPELLANTS,
v.
MIAMI HERALD PUBLISHING COMPANY, APPELLEE

Fla. 3d DCA | 2003-12-31
No. 3D03-465
Before SCHWARTZ, C.J., FLETCHER, and SHEPHERD, JJ.
868 So. 2d 547 Florida District Court of Appeal, Third District (2003) Positive Treatment
Cited by 15 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See § 985.212(3), Fla. Stat. (2002); Woodard v. Sunbeam Television Corp., 616 So. 2d 501 (Fla. 3d DCA 1993).


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Cited By (14 total)

  • Goble v. Frohman, 901 So. 2d 830 (Fla. 2005)
    …ry damages in a tort case is limited to the actual damages sustained by the aggrieved party. Hanna v. Martin, 49 So. 2d 585, 587 (Fla.1950). The Fourth District Court of Appeal recently applied this principle in Thyssenkrupp Elevator Corp. v. Lasky, 868 So. 2d 547 (Fla. 4th DCA 2003) (on motion for rehearing). In Thyssenkrwpp, the plaintiffs medical providers had reduced the amounts of the plaintiffs medical bills as required by the providers’ participation in the Medicare program. The Fourth District held th…
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  • Guardian v. Agency for Health Care Admin., 24 So. 3d 590 (Fla. 5th DCA 2009)
    …ces in excess of the sums paid by Medicaid, Appellant’s recovery would have been limited to this amount because the medical service providers accept Medicaid reimbursement in full satisfaction of all claims. See Thyssenkrupp Elevator Corp. v. Lasky, 868 So. 2d 547, 549 (Fla. 4th DCA 2003). Thus, there is no reason to assume that Appellant’s compensable expenses exceeded the amount paid by Medicaid. This illustrates a major problem with using the “tipsy coachman” rule to affirm a judgment on a basis not argued…
  • Nationwide Mut. Fire Ins. Co. v. Harrell, 53 So. 3d 1084 (Fla. 1st DCA 2010)
    …he evidentiary portion of the collateral source rule in Florida. However, relying on cases from other district courts of appeal, appellant argues that such is not the case. Appellant relies principally on Thyssenkrupp Elevator Corporation v. Lasky, 868 So. 2d 547 (Fla. 4th DCA 2004) (on denial of motion for rehearing); Cooperative Leasing, Inc. v. Johnson, 872 So. 2d 956 (Fla. 2d DCA 2004); Miami-Dade County v. Laureiro, 894 So. 2d 268 (Fla. 3d DCA 2004); and Boyd v. Nationwide Mutual Fire Insurance Co., 890…

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