Attorney's
fees -- Estates -- Appeals -- Law of the case -- Appellate court's denial of
appellate attorney's fees in this case during original appeal on the merits
precluded trial court from awarding attorney's fees at trial level based upon
the same statutory provisions asserted as basis for fee award in appellate
court
BARBARA L. LANGER, individually, and as Co-Personal Representative
of the Estate of Edward B. Walton, deceased, and as Co-Trustee of the Edward B.
Walton Second Restated and Amended Revocable Trust Agreement dated October
10th, 2007; and JUDITH ANN WOLFE, individually, and as Co-Personal
Representative of the Estate of Edward V. Walton, deceased, and as Co-Trustee
of the Edward B. Walton Second Restated and Amended Revocable Trust Agreement
dated October 10th, 2007, Appellants, v. RICHARD FELS, as attorney in fact for
and on behalf of IRENE FELSENFELD, Appellee. 4th District.
Civil rights
-- Torts -- District court properly dismissed action against hospitals and
state agency brought by Medicaid “medically needy” program beneficiaries
alleging they were illegally billed for medical services provided by hospital
defendants when defendants billed and received payment from agency which
administers Florida's Medicaid program and billed plaintiffs for the same
services and in excess of the amount to which defendants were entitled, in
violation of “balance billing” provision of federal Medicaid Act and similar
Florida statute -- Three-party test for determining whether Spending Clause
legislation, such as Medicaid Act, creates private right of action under
section 1983 -- Text and structure of federal statute at issue do not focus on
individual's right to be free of improper balance billing, but instead speak to
obligations of State and Medicaid service providers vis-a-vis third party
liability
YOLANDA MARTES, MARIA RAMIREZ, PAULA NEHER, FELIX
RAPALO, SHAWNEEQUA ELLIOTT, as Guardian for J.A., a minor,
Plaintiffs-Appellants, v. CHIEF EXECUTIVE OFFICER OF SOUTH BROWARD HOSPITAL
DISTRICT, SECRETARY, FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, SECRETARY,
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, SOUTH BROWARD HOSPITAL DISTRICT,
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, Defendants-Appellees. 11th
Circuit.
Criminal law
-- Ineffective assistance of appellate counsel -- Petition granted as to ground
claiming counsel was ineffective for failing to raise the issue of whether
defendant's convictions for first degree grand theft and making a false
insurance claim greater than $100,000 violate double jeopardy where both
allegedly stemmed from the same action
STEVE B. CLARK, Petitioner, v. STATE
OF FLORIDA, Respondent. 4th District.
Criminal law
-- Post conviction relief -- Counsel -- Ineffectiveness -- Allegations that
counsel failed to communicate plea offer of ten years' imprisonment, that
defendant would have accepted the plea had he been informed, and that plea would
have resulted in lesser sentence than twenty-year sentence that was ultimately
imposed were sufficient to require evidentiary hearing -- Defendant was not
required to detail when offer was made, who made it, and who he heard it from
after trial, as those are type of questions to be determined at evidentiary
hearing
ANGEL LOPEZ, Appellant, v. STATE OF FLORIDA, Appellee. 4th
District.
Dissolution
of marriage -- Postnuptial agreement -- Trial court erred in deviating from the
specific procedure for division of artwork contained in postnuptial agreement
where language of provision providing for the division of the artwork was clear
and unambiguous
ERIC A. SIMON, Appellant, v. JANIE
NOBLE SIMON, Appellee. 4th District.
Insurance -
Insurer did not act in bad faith by failing to tender policy limits to personal
representative of decedent's estate.
An
automobile insurer did not act in bad faith by failing to tender offer of
$10,000 policy limits to estate of victim of automobile accident. The insurer
concluded thatinsured was solely at-fault in the accident. Judgment was
eventually entered against insured for $2.8 million. The insurer's adjuster
attempted five times to obtain the name of the attorney for decedent's mother
who brought the action in her capacity as personal representative and
individually, but the adjuster was repeatedly put off. There was no evidence in
the record which demonstrated that insurer placed its interests above the
interests of insured. This decision may not yet be released for publication.
Goheagan v.
American Vehicle Ins. Co. ,(Fla.App. 4 Dist.)
Health Care
Reform/Medicaid Service Fees: HHS PROPOSES PAY BOOST FOR MEDICAID DOCTORS, 17
No. 12 Westlaw Journal Health Care Fraud 9, WestlawJournal Health Care Fraud
June 20, 2012
Primary care
physicians could see a pay raise in the next two years for treating Medicaid
patients under a rule proposed May 9 by the Obama administration. The
Department of Health and Human Services said the increase would bring service
fees for Medicaid primary care in line with those paid by Medicare. Under the
rule, physicians would see a 34 percent increase in average Medicaid primary
care payments, according to the HHS.
Legislation:
HEALTH CARE COURT RULING COULD PARALYZE MEDICARE, 17 No. 12 Westlaw Journal
Health Care Fraud 7, Westlaw Journal Health Care Fraud June 20, 2012
CHICAGO,
June 5 (Reuters) - Opponents of President Obama's health care lawhave been
predicting dire consequences for seniors on Medicare ever since the legislation
was signed last year. The warnings are mostly political spin, but there could
be real problems if the U.S. Supreme Court strikes down the Affordable Care
Act. The ACA, a cornerstone of Obama's health care plan, would extend
healthinsurance to an additional 23 million Americans by 2019.
Mortgage
foreclosure -- Relief from judgment -- Standing may not be raised in motion for
relief from final judgment where no affirmative defense of lack of standing was
raised in original proceeding -- Moreover, complaint in this case was filed by
original payee and mortgagee, who assigned its interest in note and mortgage
and substituted the assignee as party plaintiff during suit -- With respect to
claim that note was not properly indorsed, although original note was not
indorsed, record shows that both mortgage and note were assigned to plaintiff
by original payee by recorded assignment, and original note was filed in court
-- Accordingly, assignee became non-holder in possession of the instrument,
entitled to enforce it -- Although copy of note filed in proceedings appeared
to have endorsement on it, even though original note filed in the proceedings
had no endorsement, this does not affect determination of substantive issues in
the case
JOHN W. MILLER and CHARLENE M. MILLER, Appellants, v. KONDAUR
CAPITAL CORPORATION, Appellee. 4th District.
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