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 contentious foreclosure case, the lender filed multiple complaints that allegedly attached an inauthentic mortgage and assignment. After receiving a sanctions motion by defense counsel, the lender dismissed the action without prejudice. The lender then filed a second lawsuit in which it submitted yet another purported assignment with a different date and signed by… Read more
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
New Fla. R. Jud. Admin. 2.516 – Service of Pleadings and Documents, effective September 1, 2012, was created by the Florida Supreme Court as part of the June 21, 2012 Order Amending the Florida Rules of Procedure to implement Service by Email. The Order follows a trend of centralizing procedures common to multiple practice areas in the… Read more
The amendment covers seven civil procedure rules: 1.200 (Pretrial Procedure); 1.201 (Complex Litigation); 1.280 (General Provisions Governing Discovery); 1.340 (Interrogatories to Parties); 1.350 (Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes); 1.380 (Failure to Make Discovery; Sanctions); and 1.410 (Subpoena). The amendment largely mirrors the Federal Rules, but does not require… Read more
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
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