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 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
Interpreting Rule 1.080(e), which provides that “[t]he date of filing is that shown on the face of the paper by the judge’s notation or the clerk’s time stamp, whichever is earlier,” the Florida Supreme Court holds that the clerks stamp only creates a rebuttable presumption of the date of filing, and is not conclusive, for purposes of… Read more
This guaranty case states the simple rule that “pleadings are required to be in the English language.” The lender’s complaint against the borrower attached a copy of the guaranty in Spanish, a “Garantia Personal.” It was not translated into English. The trial court granted summary judgment for the lender. The appellate court reversed, reasoning that the… Read more
In this case, the defendants were sued and initially filed a “bare bones” pro se answer. Months later, the plaintiff served a motion for summary judgment. A week later, and before the hearing, the defendants served an amended answer with affirmative defenses, which the motion for summary judgment did not address. The trial court denied… Read more
In a rather complicated lawsuit featuring Dr. Minotty, the Defendant, being sued in a shareholder derivative action by the company he created, the Florida Eye Institute, and, individually, by three doctors who owned stock in the Florida Eye Institute, for (1) breach of fiduciary duty, (2) securities fraud, (3) common law fraud, (4) illegal interception… Read more
In this pro se prisoner case, the Fourth District reversed the trial court for the “drastic and unwarranted measure” of dismissing an amended complaint with prejudice because the plaintiff did not first obtain leave to file it. The appellate court remanded for the trial court to consider the necessary factors governing amendments, including “whether such… Read more
In this declaratory judgment contract action, the defendant did not initially plead entitlement to attorneys’ fees in its answer, but was permitted leave to amend later in the case to add the request. The plaintiff appealed, and the appellate court affirmed, holding that “the trial court did not abuse its discretion by granting . .… Read more
In this foreclosure action, Quality Roof Services (QRS) was named as a co-defendant based on a properly recorded construction lien. QRS timely answered the Complaint, but did not assert any affirmative defenses or raise any cross-claims. The property owner consented to the foreclosure and the case was set for a final summary judgment hearing. Without filing… Read more