Excellent post by Palm Beach Attorney Christopher Hopkins about a conflict that has developed between the 1st DCA and the 2nd and 3rd DCAs with regard to the interpretation of Rule 1.420(e), Fla. R. Civ. Pro. – Failure to Prosecute: In 2007-2008, the Second and Third Districts held that any filing during the sixty day grace period… Read more
In another mortgage foreclosure case, which was successfully argued by your author, the Bank obtained final summary judgment without notifying the defendant, or their counsel, of the summary judgment hearing. The defendant filed an emergency motion to set aside final judgment. The court found that the defendant had an inalienable due process right to notice… Read more
In this auto accident case, the defendant moved to dismiss the complaint for insufficient substitute service of process because the affidavit of compliance was not filed on or before the return day of process (20 days after the complaint was filed with the Department of State) as required by Florida’s substitute service of process statute,… Read more
The January 2010 edition of the Florida Bar Journal discusses the forum non conveniens doctrine in an article by attorneys Alina Alonso and David Luck. The article provides an excellent explanation of Rule 1.061(a), Fla. R. Civ. Pro., and how Florida came to adopt the Federal analysis of forum non conveniens issues. As the article explains,… Read more
In this consumer class action case, the trial court certified a class against gas stations for failing to provide notice of a temporary hold on customers’ bank accounts after a debit transaction.The appellate court reversed because, under Rule 1.220(b), there were individualized differences among the members of the putative class.The differences included the fact that… Read more
I am pleased to announce Version 3 of FloridaCivPro.com. It will allow you to contribute case notes that will appear alongside posts from the Florida Rules Reporter and on the FloridaCivPro.com and FloridaRulesofAppellateProcedure.com rule pages. The updated site also includes tools for integration with twitter and other social media applications. Version 3.0 In 2009 we… Read more