In a pivotal move with far-reaching implications, the Florida Supreme Court has recently amended the rules governing appellate procedures, allowing defendants to appeal a motion to dismiss a medical malpractice suit based on plaintiff expert qualifications even before a trial concludes. While proponents assert that this alteration will expedite legal proceedings and curtail litigation expenses, medical malpractice attorneys who represent… Read More
On July 13, 2017, the Florida Supreme Court reviewed a decision from the First District Court of Appeals in Government Employees Insurance Co. v. Macedo, 190 So. 3d 1155 (Fla. 1st DCA 2016). Attorneys Angela Rodante, Dale Swope, and Darrell Hinson fought the case all the way up to the Court, who ruled for our client, the consumer. Imagine you’ve… Read More
On July 13, 2017, the Florida Supreme Court reviewed a decision from the First District Court of Appeals in Government Employees Insurance Co. v. Macedo, 190 So. 3d 1155 (Fla. 1st DCA 2016). In this case, the ambiguity of a policy provision was susceptible to two reasonable interpretations, one provided coverage for attorney’s fees incurred as a result of the… Read More
“The Supreme Court correctly recognized that liability insurers and the people they insure cannot leave a person uncompensated after negligently injuring them, then expect to get paid back,” said Ms. Rodante told Law 360. “Deadbeat debtors don’t get to use ‘equitable’ subrogation.” Swope, Rodante P.A. Partners, Angela Rodante and Dale Swope, teamed up with Hendrik Uiterwyk, John Hamilton, and Barbara… Read More
Dale Swope, the firm’s founding partner, will be a speaker at the upcoming Al J Cone Trial Advocacy Institute presented by the Florida Justice Association on August 6th-8th. at the Gaylord Palms Resort & Convention Center in Kissimmee, Florida. Currently Treasurer of the FJA, Mr. Swope’s lecture will focus on the topic of Closing Arguments. The three day event will… Read More
Occasional carnival-goers, infrequent go-cart drivers, and once-in-a-while horse-back riders beware. . . That should be the warning on the newest opinion on exculpatory agreements in Florida. I’m sure everyone at one point or another has participated in some “dangerous” activity like hang-gliding or canoeing or horse-back riding and been given one of those “release” things to sign. Usually what they… Read More
PFS’s must strictly comply with Florida Statute 768.79 and Florida Rule of Civil Procedure 1.442. In addition, the offeree must be able to independently evaluate his/her respective claim, irrespective of other parties’ decisions. An offer conditioned on an event entirely out of the offeree’s control, like the tender of a settlement check by the offeree’s insurance company, is considered an… Read More
The Privacy Interest That Doesn’t Exist, but Most People Think They Have In the last decade or so, Facebook and other social media has taken over as the main way many people in the U.S. communicate. Forty years ago, people would share their vacation photos with friends using slide projectors. They would wish their friends “happy birthday” with a Hallmark… Read More
A few weeks ago, the Fourth District Court of Appeal issued an opinion in a new settlement defense case. Scott Thompson was a passenger in a car that spun out of control; the resulting accident caused the deaths of everyone in the car. Thompson’s father, as personal representative of his son’s estate, made an offer to GEICO Insurance Company to… Read More
The Fourth District released a decision in August 2014 that breaks dangerous new ground regarding discovery directed toward non-parties. In Brown v. Mittelman, No. 4D14-1748, 2014 WL 4209207 (Fla. 4th DCA Aug. 27, 2014), the court’s decision denying certiorari permits defendants to subpoena financial and billing records from plaintiffs’ treating doctors – even if there is no evidence that an… Read More
