May 30
In Estate of Michelle Evette McCall v. USA (09-16375), the Eleventh Circuit released a published opinion addressing the constitutionality of the limits in Florida on noneconomic medical malpractice damages. The Court held the limit on noneconomic damages is constitutional under the United States Constitution and the takings clause of the Florida Constitution but certified other issues to be determined by the Florida Supreme Court. The court stated:
The central question presented in this appeal is whether Floridas cap on noneconomic medical malpractice damages, Fla. Stat. 766.118, violates the Florida or United States Constitutions. The Estate of Michelle McCall, Ms. McCalls parents, and the father of Ms. McCalls
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May 26
After two previous burglaries in the past two weeks, the most recent person or people to break into the Hospice of the Upstate Thrift Store apparently used a bicycle kickstand to pry open the front door, police said.
Not much merchandise has been taken in the three burglaries at the store on South Murray Street in Anderson. Police have not determined if the incidents are connected.
The first time, late May 12 or early May 13, only a donation jar with about $4 inside, half in bills and half in change, was missing, according to a police report. The main glass front door of the store was shattered. Pieces of rock were found inside the building next to the glass shards.
Store employees told authorities that a man entered the store around 3 p.m.
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May 21
In Guarantee Insurance Company v. Worker’s Temporary Staffing Inc. (5D10-1905), the Fifth District reversed the trial court’s order awarding attorneys’ fees after a voluntary dismissal. The court stated:
Appellant challenges the judgment awarding attorney’s fees and costs to Appellee, pursuant to section 627.428, Florida Statutes (2006), after Appellant voluntarily dismissed (without prejudice) its action for unpaid premiums. Because the voluntary dismissal was neither a judgment nor the functional equivalent of a confession of judgment – a precondition to an award under section 627.428 – we reverse.
May 15
Anderson County sheriff’s deputies were sent to Meadow Run Apartments in Anderson after a caller reported a fight between 40 to 50 people Tuesday afternoon.
When deputies arrived, the crowd scattered, said Chad McBride, spokesman for the sheriff’s office. He said the person who reported the fight to 911 had told dispatchers that some of the people were flashing guns. That was not confirmed.
McBride said two women were arrested, but he didn’t have details about them. He said no one was seriously injured.
May 12
The Seneca police have charged a manager of a Subway sandwich shop with taking more than $33,000 from the business during a six to eight-month period.
Angela Nicole Waldrop, 21, of 415 Tribble St., Apt. 1071, Seneca, was charged Wednesday with breach of trust with fraudulent intent, greater than $5,000, according to Seneca Police Chief John Covington.
Covington said the arrest stemmed from a complaint of missing money filed Tuesday concerning the Subway at 103 Bypass US 123 in Seneca.
Waldrop was released late Wednesday from the Oconee County detention center on a $30,000 personal recognizance bond.