CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2012 WL 3022927, 2012 Fla. App. LEXIS 12115
...Between May 4 and May 19, Guider disclosed four experts, one identified as a “Primary Care physician for over ten years” and the rest identified as “treating physicians.” On June 11, Guider filed a motion for speedy trial due to “her age and medical condition” under section 415.1115, Florida Statutes (2010), which provides that a party “over the age of 65” in a civil action “may move the court to advance the trial on the docket.” The trial court granted the motion and set the trial on August 16....
...new opinion. The plaintiffs life expectancy was a significant issue in the case; based on Dr. Lichtblau’s opinion about future cost of care, the jury’s verdict suggests that it found that Guider’s life expectancy was between 4.7 and 6.5 years. Section 415.1115 allows a trial judge, “after a consideration of the age and health of the party” to “advance the trial on the docket.” A party’s request to advance the trial under the statute is akin to a defendant’s demand for a speedy...
...r Florida Rule of Criminal Procedure 3.191, where a defendant is deemed to have represented that he “has diligently investigated the case” and is “timely prepared for trial.” Fla. R.Crim. P. 3.191(g). Where a party seeks to take advantage of section 415.1115, she should be largely finished with the disclosure obligations of civil discovery. A party may not use section 415.1115 as a shield from the consequences of late discovery disclosure and a sword to cut off the opposition’s ability to prepare for trial....
