Farnsworth v. Allstate Insurance

I concur with the majority conclusion in this case, but must differ from the result or status of the litigation in the light of a prior opinion of this court on the subject. I would recede from that part of this court’s prior opinion in Tucker v. Walker, 335 So.2d 636 (Fla. 2d DCA 1976), which holds, in effect, that a final judgment properly entered upon a jury verdict is not final on all issues, absent a showing of abuse of discretion (such as clear uncontradicted evidence that necessary medical treatment is continuing or maximum medical recovery has not been reached or permanency of injury…