Breach of Confidentiality Clause Leads to Disgorgement of Settlement

In this employment termination case, plaintiff Snay (a school principal), and Defendant, Gulliver (the school), settled and agreed to keep the settlement confidential.  Four days after the parties signed the settlement agreement, the plaintiff’s daughter posted the following on her Facebook page:  “Mama and Papa Snay won the case against Gulliver.  Gulliver is now officially paying for my… Read more

Foreclosure Magistrates Rule Change

The Florida Supreme Court has created a new Rule 1.491 that is intended to govern the use of magistrates in all residential mortgage foreclosure cases.  Sections of Rule 1.490 that  dealt exclusively with residential mortgage foreclosures have been deleted from that rule and incorporated into new Rule 1.490. The rule amendments are effective as of… Read more

No Discovery After Settlement

In this foreclosure case, certain borrower-defendants stipulated to a deficiency judgment, while one defendant did not. The non-settling defendant prevailed at trial on the basis that the lender lacked standing to pursue the debt. The other defendants then sought to set aside their stipulated settlement agreement, and sought a deposition and other discovery from the… Read more

E-filing: Amendments to Florida Rules of Judicial Administration

Last week, the Florida Supreme Court amended Florida Rules of Judicial Administration 2.515, 2.516, and 2.525.  These amendments are effective immediately.  Each of the amended rules has been updated on FloridaCivPro.com. The amendment to Florida Rule of Judicial Administration Rule 2.515 clarifies and modifies the significance of an attorney’s signature on a document.  What does it mean… Read more