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| March 10, 1959; Rehearing Denied April 2, 1959.The requirements of pre-suit investigation apply to "all medical negligence" claims and defenses. ｧ 766.203(1), Fla. Stat. (1999). Thus we must first determine whether a person with a derivative claim for loss of consortium is a claimant under the Act who presents a claim for medical negligence. The pre-suit investigation statute provides that "prior to issuing notification of intent to initiate medical malpractice litigation pursuant to s. 766.106, the claimant shall conduct an investigation to ascertain that there are reasonable grounds to believe that: (a) any named defendant in the litigation was negligent in the care and treatment of the claimant; and (b), such negligence resulted in injury to the claimant." ｧ 766.203(2)(a),(b), Fla. Stat. (1999) (emphasis supplied). A claimant under the Act is defined as "any person who has a cause of action arising from medical negligence." ｧ 766.202(1), Fla. Stat. (1999). The Act further provides in section 766.104(1), Florida Statutes, that:Reported in Full-Text Format at: 1997 U.S. App. LEXIS 10816.The appellants' reliance on Dickinson is misplaced. In Dickinson, 331 U.S. at 749, 67 S. Ct. at 1385, 91 L. Ed. at 1794, the Supreme Court held that "when the Government chooses not to condemn land but to bring about a taking by a continuing process of physical events, the owner is not required to resort either to piecemeal or to premature litigation to ascertain the just compensation for what is really 'taken.'" Under Dickinson, the property owner whose lands were subjected to progressive inundation arising from the construction of a dam and the raising of the water level in a river "by successive stages," id. at 746, 67 S. Ct. at 1383, 91 L. Ed. at 1792, was allowed to "postpon<e> suit until the situation be<came> stabilized" and "the consequences of inundation <had> so manifested themselves that a final account <could> be struck," id. at 749, 67 S. Ct at 1385, 91 L. Ed. at 1794.On the other hand, the plaintiff may waive the tort and sue for "money had and received." In that case he disaffirms the bargain and, in effect, says: "I do not choose to keep the inferior goods. I offer to return them and I desire that my money be repaid to me." Preliminary to bringing such an action the purchaser should restore, or offer to restore, the fruits of the bargain.http://articlelibrary.madhit.com/index.php?page=article&article_id=57140 http://hcclassfieds.com/blog/2012/08/locating-solutions-for-bankruptcy/ Contracts Law > Contract Conditions & Provisions > Express WarrantiesRecently, in Frey v. State, 708 So. 2d 918 (Fla. 1998), the supreme court answered the question of whether resisting arrest with violence is a specific intent crime to which the defense of voluntary intoxication applies. That offense is committed when one "knowingly and willfully resists, obstructs, or opposes any officer . . . in the lawful execution of any legal duty, by offering or doing violence to the person of such officer." ｧ 843.01, Fla. Stat. After reviewing the differences between specific and general intent, the court found the crime to be one of general intent by looking at the "plain language of the statute" and concluding that the statute "revealed no heightened or particularized, i.e., no specific intent." Id. at 920. This same reasoning holds true in the instant case.<Group>"341 So. 2d 290"]LNI:3RRM-4YP0-003C-X3GP-00000-00Tax Law > Federal Income Tax Computation > Tax Accounting > Cash Basis Method (IRC secs. 446, 448, 451, 461) > Taxable Year of InclusionOpinion http://articlespile.com/328734-a-guide-to-important-elements-in-bankruptcy/ http://read-post.com/2012/08/16/major-aspects-in-bankruptcy/ |