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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…
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It’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…
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McCumber 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…
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Abuse 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…
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Third 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…
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Beware, 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…
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Mildred 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…
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Supreme 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…
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Much 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…
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