Monthly Archives: September 2009
In this non-compete case, the trial court entered an order enjoining defendants from soliciting plaintiffs’ “current or prospective clients” who practiced in the area of orthopedic medicine. The order did not specify the duration of the restriction. The Fourth District reversed and remanded, holding that Rule 1.610(c) requires that the order define the referenced “clients” more specifically and that a time… Read more
In this duo of cases, the 5th DCA stated that an Order is not final until it is (1) written, (2) signed, and (3) filed with the clerk of the trial court. Here the written order was stamped by the Judge, but not sent to the Clerk for entry. As such, the DCA lacked jurisdiction… Read more
Pursuant to Rule 1.420(e), it was reversible error for Court to dismiss lawsuit for lack of prosecution a mere 31-days after required notice of no activity. Arguelles v. City of Orlando, 34 Fla. L. Weekly D1869 (Fla. 5th DCA Sept. 11, 2009) Fla. R. Civ. Pro. 1.420… Read more
In this case, defendant moved to vacate a default on the basis that plaintiff improperly used substitute service to serve the complaint. The trial court denied the motion. The appellate court affirmed, holding that defendant’s continued inaccessibility at his residence obviated the need for defendant to be served personally. De Armand l. Hull vs. The Lending… Read more
In this trip and fall case, trial court ordered parties to non-binding arbitration. Arbitrator ruled in favor of the Plaintiff. Defendant did not move for trial de novo within 20 days of order and Plaintiff moved trial court for entry of final judgment pursuant to FRCP 1.820(h), which was granted by trial court. Defendant then… Read more
In this motorcycle injury case, the trial court found that plaintiff’s counsel had engaged in misconduct throughout the trial but nonetheless denied defendant’s motion for new trial. The trial court reasoned that because defense counsel did not move for a mistrial after the court had sustained various objections, the defense had waived any right to… Read more