Per the Florida Supreme Court’s Order amending the Florida Rules of Civil Procedure to implement service by email, the following rules have been updated: 1.080 Service of Pleadings, Orders, and Documents 1.170 Counterclaims and Crossclaims 1.351 Production of Documents and Things Without Deposition 1.410 Subpoena 1.440 Setting Action for Trial 1.442 Proposals for Settlement 1.510… Read more
In this class action, the Plaintiff sued the City of Tampa over the constitutionality of the City’s Occupational License Tax. The Plaintiff then attempted to certify a plaintiffs class of all persons subject to the tax and a defendants class of all municipalities in Florida imposing the tax. The Trial Court certified each class and the municipalities appealed arguing… 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
In this article on Rule 1.201, the Florida Bar News highlights a few of the changes included in the new complex litigation rule. And also highlights the opinions of those who opposed the rule change: The three dissenting justices sided with the Bar’s Rules of Civil Procedure Committee, which unanimously opposed the complex litigation rule,… Read more