Question for our attorney readers: Are you having trouble with e-filing? Ever since the switch, I have had numerous delays with the clerk processing basic matters. For instance, in one recent case in Miami-Dade, it took the Clerk of Court 12 days to issue Summons. I have seen similar delays in Pinellas and in Orange… Read more
The Florida Supreme Court has amended Florida Rule of Civil Procedure 1.490, effective immediately, to streamline the use magistrates in residential mortgage foreclosures. Subdivision (c) of the rule currently requires that no matter be referred to a magistrate without consent of the parties. The amendments authorize referral of residential mortgage foreclosure cases to a magistrate with… Read more
In this products liability case, final judgment was entered in favor of the defendant following a four-week jury trial. The plaintiff alleged that the defendant had committed fraud on the court and sought to set aside the final judgment pursuant to Fla. R. Civ. P. 1.540(b)(3). The trial court granted plaintiff’s motion finding that the defendant (1) had destroyed… Read more
Effective immediately, the Florida Supreme Court has amended Florida Rule of Civil Procedure 1.442 to clarify that you do not get an additional five days to respond to a proposal for settlement when the proposal is mailed. The ambiguity came about following the changes to Florida Rule of Civil Procedure 1.090 and Florida Rule of Judicial Administration 2.514(b). Florida Rule of… Read more
Plaintiff sued defendant for statutory and tort claims. Defendant moved to dismiss per Fla. R. Civ. P. 1.140 based on forum selection clause in contract signed with Plaintiff that governed all disputes between the parties. Defendant introduced forum selection clause by attaching a copy of the applicable contact to his Motion to Dismiss. Plaintiff had… Read more
Caterpillar filed a complaint for damages and replevin against three defendants. After service on the defendants, they failed to answer, and Caterpillar secured a clerk’s default against them all. Two of the defendants attempted to set aside the default and Caterpillar filed its motion for final judgment based upon the clerk’s default. The summary judgment… Read more
In a case seeking monetary and non-monetary relief, pursuant to section 768.79, Florida Statutes (2011), Diamond Aircraft served Horowitch with an offer of judgment for $40,000. The offer of judgment stated: Diamond Aircraft offers to settle this case on the following terms: 1. Diamond Aircraft shall pay Plaintiff the sum of forty thousand dollars ($40,000.00).… Read more
Top 10 posts of 2012: New Rules for Service of Pleadings and Documents by E-mail Florida Supreme Court implements e-discovery amendments – Effective September 1st Rules Updates – New E-discovery and E-mail Service Rules Effective September 1st Service by Email Lack of Standing Is an Affirmative Defense – Wells Fargo Bank, N.A. v. Reeves Understanding… Read more
I will leave it to WPTV for the results: Amendment: 5: A Republican-sponsored proposal to give the GOP-dominated Legislature more control over Florida’s court system has been defeated at the polls. The vote Tuesday for Amendment 5 was only 44 percent in favor. All state constitutional amendments need at least 60 percent to pass. Amendment… Read more
Its election day and this is the rare election when a civil procedure issue is on the ballot. Florida’s Constitutional Amendment 5 would change how Florida’s courts operate and how Florida’s Supreme Court Justices are appointed. Here is the latest coverage of Florida’s proposed Amendment 5. The Sun-Sentinel: Dangerous Amendment 5 is threat to democracy… Read more