Leading cases: § 768.78, Fla. Stat.

Cited in 12 cases (1 in the last 5 years, 1989–2022). ← Read the statute text

Marla Dixon v. United States (2018) ca11 · cites it 12× “Fla. Stat. § 768.78 (2). If a party chooses to make periodic payments, the amount of the payments "shall equal the dollar amount of all future damages before any reduction to present value.”

Standard Jury Inst-Civ. Cases (01-1 & 01-2) (2002) fla · cites it 7× “In 1999, the legislature also substituted the words "the Court determines" in place of the words "trier of fact" in section 768.78, Florida Statutes. In 1999, the legislature also enacted a provision stating that if the statutes are determined to be encroaching upon the…”

Flying Fish Bikes, Inc. v. Giant Bicycle, Inc. (2016) flmd “Following the ascending structure of Section 768.78(1), the verdict form asks the jury, if “you have elected to assess punitive damages against Giant”: a.”

In Re Standard Jury Instructions (1989) fla · cites it 3× “77 may well be read as requiring specification of the number of years of future noneconomic damages, the complexity added to the verdict is to no end: that information serves no purpose in § 768.78, Alternative methods of payment of [economic] damage awards.”

Psychiatric Institute of Del-Ray, Inc. v. Keel (1998) fladistctapp · cites it 7× “Post-trial, the trial court entered an order denying Appellants’ motion for entry of a judgment permitting periodic payments of the $2,400,000 awarded in future economic damages, pursuant to section 768.78, Florida Statutes (1997). It found that it would be manifestly unjust to…”

Magsipoc v. Larsen (1994) fladistctapp “In such a case, proration would follow under section 768.78, based on the special verdict determination or a settlement designating that the insured recovered some funds for medical costs and expenses.”

Ong v. Mike Guido Properties (1996) fladistctapp · cites it 2× “79 notwithstanding, an offer of settlement or an offer or demand for judgment may be made at any time after an impasse has been declared by the mediator, or the mediator has reported that no agreement was reached.”

BEYEL BROS. CRANE & RIGGING v. Ace Transp. (1995) fladistctapp “The foregoing holding does not represent a conclusion that, if section 768.78 also applied to actions other than negligence, it would necessarily violate the single subject requirement.”

Board of Trustees v. Kicklighter (2013) fladistctapp · cites it 2× “We also affirm the trial court’s award of attorney’s fees as the Pension Fund has conceded that the cap on attorney’s fees, see section 768.78, Florida Statutes, does not apply to contract actions.”

J.L. PROPERTY OWNERS ASSOCIATION, INC. v. TIMOTHY F. SCHNURR, as of the Estate of James V. Schnurr, and CHRISTINE SCHNUR (2022) fladistctapp · cites it 4× “Section 768.78, Florida Statutes, provides for an alternative method of paying large economic damage awards through periodic payments over time.”

TMH Medical Services, LLC v. National Union Fire Insurance Company of Pittsburg, PA (2020) flmd · cites it 2× “” Fla. Stat. § 768.78 (7)(b)(6). But the R&R considered TMH’s argument and rejected it.”

Long v. Baker (2014) flmd · cites it 2× “The Fifth Affirmative Defense relates to a remedy Defendant may seek post trial, pursuant to Fla. Stat. § 768.78 . The Eleventh Affirmative Defense alleges Plaintiffs failed to state a claim upon which relief may be granted merely points out a defect in Plaintiffs prima facie…”