From the Florida Bar: The Florida Supreme Court issued an opinion addressing mandatory e-mail service this past Thursday, June 21, 2012. The original opinion contained an effective date of July 1, 2012. A corrected opinion and correction notice were issued this afternoon providing a revised effective date of September 1, 2012. E-Mail service becomes MANDATORY… Read more
In this mortgage foreclosure case, the trial court dismissed the lender’s complaint for fraud on the court. One aspect of the supposed “fraud” was the lender’s allegation that it had standing to sue on behalf of a valid securitized trustee. Reciting the law on contesting standing, the appellate court stated, “Lack of standing is an… Read more
Update: Email service rule delayed to September 1, 2012 On Friday, the Florida Supreme Court approved extensive changes to the Florida Rules of Civil Procedure and Florida Rules of Appellate Procedure relating to electronic service of documents. Under the changes, e-mail service of documents will become the primary method for service, and is required as of… Read more
Following a suit for breach of contract, the prevailing party moved to recover attorneys’ fees pursuant to the terms of the contract, which provided: (c) In any action to enforce any term, condition, or provision of this agreement, the prevailing party shall be entitled to recover the reasonable attorney’s fee incurred to enforce same. The trial court denied… Read more
In this wrongful death case, the trial court dismissed the complaint with prejudice on the basis that the plaintiff had previously elected the State’s worker’s compensation remedy, and that this election barred the current claim. At the hearing on the motion to dismiss, the trial court did not permit the plaintiff to amend the complaint. … Read more