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Firm News

Charles Hall and Mark Tinker Obtain Affirmance In The Second District Court Of Appeals

August 20, 2014

Charles Hall and Mark Tinker recently defeated a plaintiff's attempt to preclude State Farm Insurance Company from removing a potential bad-faith claim to federal court.  Specifically, the plaintiff pled that the bad-faith claim in the same lawsuit as his underlying uninsured motorist claim.  He then convinced the trial judge to simply abate the bad-faith claim, rather than dismiss it.  That act would have thwarted State Farm's right of removal, because by the time the bad-faith claim accrued the statutory timeframe for removal it would have expired.
But right before the trial judge entered judgment on the uninsured motorist claim, and thus made the bad-faith claim viable, Charles Hall convinced her to reconsider her prior ruling and dismiss the bad-faith claim such that it must be re-filed in a separate lawsuit - thus reviving the right of removal.  The plaintiff appealed, and BLG appellate attorney Mark Tinker obtained an affirmance in the Second District Court of Appeal.  The plaintiff must now file a separate suite which can be removed to federal court.
For any questions regarding this case or similar issues, please contact Mark Tinker at (727) 825-3615 or toll free at (877) BLG-4321.
(727) 825-3619
(727) 825-3615