Legal Topics

COURT REVERSED SUMMARY JUDGMENT ENTERED BASED ON THE FOUR-YEAR STATUTE OF LIMITATIONS–NEGLIGENCE CLAIMS AGAINST FOSTER CARE AGENCIES AND A FOSTER PARENT WERE ACTIONS RELATED TO SEXUAL BATTERY OF A CHILD UNDER 16, TRIGGERING SECTION 95.11(9) THAT ALLOWS SUIT AT ANY TIME

Jun 12th, 2026 in by admin

D.L. v. Community Based Care, 51 Fla. L. Weekly D280 (Fla. 5th DCA Feb. 13, 2026): The plaintiff ‘s complaint alleged that she entered foster care as a minor and was placed in a foster home. She reported that another…


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SECTION 766.204 “WAIVER” FOR FAILURE TO PRODUCE RECORDS DOES NOT AUTOMATICALLY EXTEND TO A SEPARATE PROVIDER WHO WAS NEVER SERVED WITH A 766.204(1) REQUEST; TRIAL COURT DEPARTED FROM ESSENTIAL REQUIREMENTS BY IMPUTING WAIVER TO THE NURSE BASED ON A “LEGAL RELATIONSHIP” THEORY

Jun 09th, 2026 in by admin

Bystrak v. McLean, 51 Fla. L. Weekly D185 (Fla. 6th DCA Oct. 6, 2025). The plaintiff sued multiple providers, including the defendant nurse and the facility entities, asserting that after a colonoscopy she was still sedated, was left alone to…


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