Tuesday, April 3, 2012

11th Circuit to Florida Supreme Court: Oy, What a Mess!



Here's a seemingly simple question that does not have a simple answer:
Does Florida’s PIP Statute, FLA. STAT. § 627.736, permits EUOs as a prerequisite to receiving PIP benefits?
Answer:  who the hail knows?  It's like New England weather -- if you don't like it, stick around it will surely change.

And this is the 11th Circuit's polite way of saying, hey it's Florida law we're talking about, situation normal all.....
Although we believe the Florida Supreme Court’s statements regarding EUOs in Custer are dicta and not binding, Florida law is far from clear.
You think?

You have Florida Supreme Court dicta, legislative history, contrary opinions from the same Appellate Division of the Eleventh Judicial Circuit Court, different intermediary appellate court decisions, and a partridge in a pear tree.

(Wait until you get a Florida offer of judgment case!)



3 comments:

  1. This is really drinking weather.

    It just feels like time for a bender.

    Or to prolong the bender started oh, about 3.5 months ago...

    Is that bad?

    ReplyDelete
  2. It's always time for a bender.

    ReplyDelete
  3. It's 5:00 O'clock somewhere

    ReplyDelete