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Criminal Law

: JAABlog

CASES - Civil

By Jeffrey Ivashuk

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Torts -- Legal malpractice -- Limitation of actions -- Commencement of period -- Statute of limitations did not begin to run in this action until date on which parties filed the stipulation to dismiss underlying action with prejudice -- In holding that malpractice complaint was barred by two year statute of limitations for professional malpractice, trial court erroneously interpreted Silvestrone v. Edell to require a determination that statute of limitations began to run when judgment on merits of patent infringement action became final, although parties continued to engage in negotiations with the defendant in that action to settle issue of attorney's fees and costs -- Conflict certifiedReported at 33 Fla. L. Weekly D404a Torts -- Medical malpractice -- Florida Birth-Related Neurological Injury Compensation Plan -- Notice to patient -- Exception -- Emergency medical condition -- NICA notice must be given within reasonable time after provider-obstetrical patient relationship begins, unless the occasion of the commencement of the relationship involves a patient who presents in an ?emergency medical condition,? as defined by the statute, or unless the provision of notice is otherwise ?not practicable? -- When patient first becomes an ?obstetrical patient? of the provider and what constitutes a ?reasonable time? are issues of fact -- Court recedes in part from Orlando Regional Healthcare System, Inc...continue to full post

Full post as published by JAABlog on February 01, 2008 (boomark / email).

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