E-Portal, EPortal, or e-Portal? None of the Above

Recently I have noticed significant confusion about what, exactly, to call the Florida Courts e-filing Portal.  Just check out this email from the “Florida Courts E-filing Portal Team.” I count 3 different names for the portal (emphasis added): Subject: EPortal Upgrades Body: Dear E-Filing Portal Customer: Portal Unavailable this Sunday, 9/16 The Florida Courts E-Filing Portal, www.myflcourtaccess.com,… Read more

Intervention Generally Not Permitted After Final Judgment

In this trust litigation case, the Attorney General of Delaware sought to intervene in a case involving a charitable trust providing for children with physical disabilities in the State of Delaware.   In 2004, additional litigation resulted in a judgment that expanded the category of persons eligible to receive funds under the trust.  While the Attorney General of Delaware was made aware… Read more

Florida Admiralty Law Advisor

My co-blogger, Jason Baruch, has started a new blog covering Florida Admiralty law issues and it is appropriately titled: Florida Admiralty Law Advisor. Jason’s new blog will focus on commercial maritime disputes and litigation involving those in maritime industries. Fortunately for me, Jason promises that his new blog will not result in a decrease in his efforts here.… Read more

Error to Dismiss Case for Lack of Prosecution When Party Awaits Action on Notice of Trial

In this mortgage foreclosure case, the trial court dismissed the case because appellant failed to schedule the matter for non-jury trial, despite the fact that appellant had filed a notice of trial.  The appellate court reversed, holding, “Because appellant continuously prosecuted its case and timely filed a notice of readiness for trial, dismissal was improper.… Read more

Dismissal with Prejudice Not an Option for Failure to Serve Process Within 120 Days

In this breach of contract case, the trial court sua sponte dismissed a complaint “with prejudice” for failure to serve it within 120 days, after the court entered an order requiring service within 120 days.  The appellate court reversed for two reasons: the trial court should have provided notice and an opportunity to be heard before dismissal, and… Read more