Posts by Mark Hartig
CMS, Arbitration, and Long Term Care Facilities: Round Two
Author: Amy L. Dilday What is the status of the Centers for Medicare & Medicaid Services (CMS) regulation for arbitration agreements with residents of long term care facilities? Once again, like it was three years ago, it is on hold. In 2016, the CMS drafted a major overhaul of its regulations governing nursing homes and assisted living…
Read MoreIt’s Time to Implement Your Medical Marijuana Policy
Author: Amy L. Dilday With thirty-three states and the District of Columbia having passed laws legalizing marijuana in some form, it’s time for hospitals, nursing homes, and assisted living facilities to create, finalize, and put their medical marijuana policies into effect. Eleven states have legalized marijuana for medical and recreational use. In twenty-two additional states, marijuana…
Read MoreMcCumber Daniels Secures First Order Confirming that the Federal Patient Safety and Quality Improvement Act Preempts Florida’s Amendment 7
Author: Amy L. Dilday On September 5, 2019, McCumber Daniels Buntz Hartig Puig and Ross’s appellate attorney, Amy Dilday, secured a win on behalf of Tampa General Hospital on a motion for summary judgment that pitted Florida’s Amendment 7 against the federal Patient Safety and Quality Improvement Act. Article X, section 25 of Florida’s Constitution (commonly referred…
Read MoreAbuse and Neglect under Florida’s Adult Protective Services Act: Is Medical Negligence Enough?
Author: Amy L. Dilday Last month, Florida’s First District Court of Appeal brought welcome clarification to health care providers regarding the difference between a medical negligence claim and a claim for abuse or neglect under Florida’s Adult Protective Services Act. In Specialty Hospital-Gainesville, Inc. v. Barth, Case No. 1D18-511 (July 15, 2019), the court held…
Read MoreThird District Court of Appeal clarifies when entitlement to surplus tax deed sales proceeds vests
On August 1, 2018, the Third District Court of Appeal released an opinion in Rahimi v. Global Discoveries, Ltd, that provided an appellate win for McCumber Daniels and its client and clarified the statutes governing distribution of surplus tax deed sales proceeds. The issue on appeal was whether the clerks of courts, who are authorized…
Read MoreBeware, Lienholders: Amendments to Florida Tax Deed Sales Statute Passes House and Senate
Author: Starlett M. Massey New tax deed sale legislation is on the horizon with substantial implications for lienholders. House Bill 1383 was ordered enrolled on March 9, 2018, after unanimously passing both the House and Senate. HB 1383 proposes amendments to § 197.582, Fla. Stat., that will have the effect of barring claims to surplus…
Read MoreMildred Dukes v. Suncoast Credit Union: Potential for Uniformity on Discharge of Mortgage Loan Debt in Chapter 13 Bankruptcy Cases in the Eleventh Circuit
Author: Starlett M. Massey As a general rule, 11 U.S.C. § 1328 (“Section 1328”) states that a debtor is discharged of all debts that are either (i) provided for by the plan or (ii) disallowed. Section 1328 establishes a few exceptions to discharge, one of which pertains to certain long-term debts that mature after the…
Read MoreSupreme Court of Florida lets the Fourth District Court of Appeal’s Ober Decision Stand
By: Amy L. Dilday & Starlett M. Massey On September 6, 2017, the Supreme Court of Florida entered an opinion declining to accept jurisdiction and denying the Town of Lauderdale-By-The-Sea’s Petition for the supreme court to review the Fourth District Court of Appeal’s opinion on rehearing, which it released in Ober v. Town of Lauderdale-By-The-Sea.…
Read MoreMuch Ado Over Nothing? Ober v. Town of Lauderdale-By-The-Sea
Author: Starlett M. Massey, Partner at McCumber Daniels In a most welcome 180 degree turnabout, the Fourth District Court of Appeal withdrew its earlier opinion in Ober v. Town of Lauderdale-By-The-Sea and issued a new opinion on Wednesday. Last August, the Court held that a lien that exists or arises after the entry of final…
Read MoreMcCumber Daniels’ Tampa Office Relocates to Kennedy Boulevard
Tampa, Florida –October 2, 2015 – McCumber, Daniels, Buntz, Hartig & Puig, P.A., a full service, Martindale-Hubbell AV-rated civil litigation firm, announced today the relocation of its Tampa office to 4401 West Kennedy Blvd., Suite 200, Tampa, Florida 33609, in the heart of Tampa’s Westshore Business District. The new office is located in the DeBartolo Office…
Read More