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December 12, 2024
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The Florida Bar
JUSTICE COURIEL DRAWS INSPIRATION FROM LEGACY OF SERVICE AT IMPACT AWARD CELEBRATION
The Florida Bar | Article | December 12, 2024
Florida Supreme Court Justice John Couriel honored dozens of business and community leaders at an “Impact Award” ceremony Tuesday night in Tallahassee. He praised lobbyists, consultants, state college administrators, environmental organizers, a Seminole Tribe executive director, and executives from Walmart, AT&T, and Wells Fargo for their public service. Couriel invoked Monsignor Bryan Walsh, who 64 years ago founded “Operation Pedro Pan” to rescue 14,000 Cuban children, including Couriel’s father. Walsh died in 2001. Couriel, appointed as Florida’s 90th Supreme Court justice by Gov. Ron DeSantis on June 1, 2020, is a Miami native, former New York securities lawyer, and former federal prosecutor. After noting his 2000 Harvard College magna cum laude degree and 2003 Harvard Law J.D., he joked that his physician wife, Dr. Rebecca Toonkel, outranked him academically. Citing Rudyard Kipling, Couriel said victory and defeat are “imposters,” and that the honorees inherently understand the value of true service.
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Florida Supreme Court
THE CHIEF JUSTICE CRITICIZES FLORIDA’S ‘BLACK BOX’ PSC
The News Service of Florida | Article | December 11, 2024
Florida Supreme Court Chief Justice Carlos Muñiz on Tuesday sharply criticized the Florida Public Service Commission (PSC) for failing to justify its decisions. During oral arguments in Tallahassee, the PSC’s 2023 rate-approval order for Florida City Gas faced scrutiny after the state Office of Public Counsel appealed. Muñiz likened the PSC’s reasoning to a “black box,” lacking clear explanations for choosing the company’s position over its staff’s recommendation. This followed a September 2023 Supreme Court ruling that forced the PSC to better justify an approved Florida Power & Light settlement. Florida City Gas and PSC attorneys argued that the existing approach met legal standards. However, Muniz insisted on more explicit “because” explanations, and Justice John Couriel agreed. The dispute involves accounting issues and a surplus meant to stabilize rates. Florida City Gas, once a subsidiary of FPL, now owned by Chesapeake Utilities Corp., serves multiple counties across South Florida.
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Civil Justice
FLORIDA HOSPITAL CAN’T AVOID MED MAL SUIT OVER BIRTH INJURY, APPEALS COURT SAYS
Insurance Journal | Article | December 12, 2024
Florida lawmakers created the Birth-Related Neurological Injury fund in 1988. This week, the 1st District Court of Appeals in Tallahassee sided with Jennifer and Marlon Chavez, whose child was injured at birth at Shands Jacksonville Medical Center, part of the University of Florida. On Wednesday, Judge Adam Tannenbaum’s opinion explained that Shands and UF cannot force the parents to rely on the state’s compensation fund after its manager rejected the Chavez claim in 2018. The hospital and UF attempted to appeal through the Division of Administrative Hearings, but the court held they lacked standing since they are not injured parties. Robert Jarvis, a Nova Southeastern University law professor, noted that the ruling lets the family pursue a potentially more lucrative malpractice suit. Judge Rachel Nordby dissented, pointing out that Shands and UF dropped their appeal two days after oral arguments.