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I agree with the majority’s reversal of this restitution order. Having said that, I write separately to note this entire appeal is about $79.00. This writer’s cynicism, bolstered by 23 years of experience in dealing with the juvenile justice [sic] system, emboldens me to suggest it is $79.00 which under most circumstances would not be paid by J.R. even had we affirmed.By the way, that "[sic]" is Judge Polen's, not mine.
My point is the alarmingly disproportionate value of the legal system’s resources – notably resources of the citizens of Florida – 4 judges, 2 public defenders, 1 assistant state attorney, 1 assistant attorney general, numerous clerks and other court personnel, plus the costs of transcripts, files, etc. – which have been expended to secure this reversal. All this leads me to the unsettling, and not too rhetorical question: Is it worth it? Put another way, even knowing that J.R. can bring such an appeal, and he is technically correct, in this age of shrinking budget dollars and overworked lawyers and judges, is it entirely appropriate to bring such an issue to an appellate court? For $79.00?
May an insurer recover attorney's fees under rule 1.442, Florida Rules of Civil Procedure, and section 768.79, Florida Statutes, in an action by its insured to recover under a personal injury protection policy?You can read the First District's rather terse decision here.
Terri Schiavo suffered severe brain damage in 1990 when her heart stopped. Some medical experts have testified she is in a persistent vegetative state with no hope of recovery; others disagree. Her parents have argued their daughter could improve with therapy.Reporting like this has no doubt contributed to many people misunderstanding that the issue of whether Terri has any likelihood of regaining some cognitive functioning has been litigated -- Michael Schiavo, the Schindlers, and others, including experts for both sides and a court-appointed independent medical expert, have already fought this battle in the courts at a trial and on appeal. The trial judge heard all of the evidence from all sides and concluded that Terri is in a persistent vegetative state and that there is no treatment option that could significantly improve her quality of life. Yet this AP story describes the situation as if two groups simply disagree on an issue that no court has resolved, as if justice and a day in court were still a day away. That's just not true. Check the Terri Schiavo Information Page if you'd like more details.
By all accounts, Terri was a fine young woman. She had a good job, a good marriage and many friends. Most who knew Terri, however, were unaware that she was sick. Terri suffered from an eating disorder known as bulimia nervosa, commonly called bulimia. The disease causes its victims to overeat ("binge") and soon thereafter vomit ("purge"). The cycle of binging and purging is extremely dangerous. The human heart, to work properly, requires a balance of the body's electrolytes. Vomiting can upset the electrolyte balance and cause abnormal heart rhythms that can lead to heart attack. That is what happened to Terri. One night, Terri purged, which caused her potassium level to drop low enough to cause a heart attack. Before fire rescue arrived and took her to the hospital, Terri's brain had been deprived of oxygen long enough to produce catastrophic brain damage.The column also explains that a jury assessed the Schiavos' damages at over $6.8 million but found Terri to be at fault, too, leaving the Schiavos with about a $2 million award. The column does not mention but other reports indicate that the case later settled for half that amount.
The trial of the medical malpractice case established that the health care providers who treated Terri should have figured out that she had an eating disorder and referred her to the appropriate specialists for treatment.
Noncriminal violations solely for excessive speed less than 70 miles per hour on highways which are outside business and residential districts and which have at least four lanes divided by a median strip at least 20 feet wide and on highways which comprise a part of the national system of interstate and defense highways shall not be considered by insurance companies in rate increases for individuals or surcharges for insurance premiums.Of course, in 1976, we didn't have 70 mile per hour speed limits on any of our roads, so this statute was probably a bit more forgiving then than it is today.
