Taylor Day Law

The Briefing

Monthly Archives: June 2018

Three Taylor Day Attorneys Selected For The 2018 Florida Super Lawyers List

Congratulations to Reed Grimm, Chris Mueller and Rhonda Boggess, who were selected for inclusion to the 2018 Florida Super Lawyers list.  Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.   Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. For more information about Super Lawyers, visit SuperLawyers.com.

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Supreme Court Hears Argument Over Judge’s Facebook Friendship With Attorney

Supreme Court Hears Argument Over Judge’s Facebook Friendship With Attorney

Yesterday the Florida Supreme Court heard arguments on whether a judge should be recused for being Facebook friends with an attorney appearing in front of her. A Miami law firm sought to disqualify Circuit Judge Beatrice Butchko on grounds that she was Facebook friends with an attorney representing the opposition. Judge Butchko refused to recuse herself and the matter was appealed to the Third District Court of Appeal. The Third DCA likewise refused to recuse Judge Butchko, finding a “friend” on a social networking website is not necessarily a friend in the traditional sense of the word. The Florida Supreme Court took on the issue given the important overarching theme – the possibility of the appearance of impropriety between the court and a party appearing before it. Justice Canady appeared to agree with the Third DCA when indicating, “Facebook friends frequently are friends of a friend of a friend of a friend of a friend,” before stating just participating in a network such as Facebook should not de facto lead to disqualification. But Justice Pariente warned participating in Facebook can be a danger leading to disqualification and the wiser course is not to have “lawyers as friends.” While certainly avoiding the appearance of impropriety is critical to a fair justice system, that must be balanced with benefit of networking between attorneys and judges. Judges and attorneys in Jacksonville frequently network at Jacksonville Bar Association and other civic events, such as Rotary Clubs. The Jacksonville Women Lawyers Association held an event […]

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State Farm Wins at 2nd DCA in PIP Payment Dispute

The 2nd DCA recently ruled in favor of State Farm Mutual Automobile Insurance Company in a long-awaited decision!  In State Farm Mutual Automobile Insurance Company v. MRI Associates of Tampa, Inc., d/b/a Park Place MRI, No. 2D16-4036 (Fla. 2nd DCA May 18, 2018), there was a dispute regarding how much should be paid for MRIs performed on State Farm insureds after motor vehicle accidents.  The case stems from 19 MRI claims resulting from motor vehicle accidents in 2013 where the insured had Personal Injury Protection (“PIP”) coverage with State Farm.  State Farm paid the submitted bills pursuant to its policy language, which allows State Farm to limit the payments to the schedule of charges.  Despite the clear language of the policy, the MRI provider challenged the reduced charges, arguing that State Farm’s policy did not properly notify the insureds of its election to pay bills via the schedule of maximum charges. According to the opinion, “[t]he circuit court ruled that State Farm’s personal injury protection (PIP) policy failed to clearly and unambiguously elect to limit reimbursement payments to the schedule of maximum charges” described in the No-Fault statute.  The 2nd DCA reversed that holding, and found that the express language of State Farm’s PIP policy clearly and unambiguously elected to limit reimbursement payments for medical expenses to the schedule of maximum charges pursuant to the No-Fault statute. Although we are pleased the 2nd DCA took the correct position regarding State Farm’s policy language and an insurer’s right to limit reimbursement […]

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