In this medical business dispute between a buyer and sellers of surgical centers, the trial court entered an order precluding the sellers from communicating with any third party, including those in other countries, about the facts of the case without first proceeding through the court’s formal discovery process. The appellate court reversed, holding that the… 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
As voting gets closer, we are seeing more coverage of Florida’s proposed Constitutional Amendment 5. A few excerpts are below. Follow this link for my post on understanding Florida’s Constitutional Amendment 5. NPR State Impact Project: A group pushing to change the way Florida’s Supreme Court judges are chosen is citing the 2006 decision striking down vouchers… Read more
Here is a selection of news and commentary on Florida’s proposed constitutional amendment 5 from around the state. From the Palm Beach Post: A proposed constitutional amendment that would change the way Florida Supreme Court justices are appointed and give the legislature more control over court rules isn’t a power grab, said a House Speaker… Read more
My article with Bob Warchola, Prejudgment Attachments and Fraudulent Conveyance Claims in Fidelity Litigation: Securing Assets Prior to Judgment-East of the Mississippi, is now up on the Shumaker, Loop and Kendrick website. Here is the summary of how Prejudgment Attachment works in Florida: Florida law provides that a judge may issue a writ of attachment “when… Read more
With Amendment 5 voters in Florida are being asked to approve constitutional changes to Florida’s legal system. Amendment 5 would change two main areas of law: (1) How the court’s procedural rules are adopted and (2) how Supreme Court Justices are appointed. In both cases, Amendment 5 would give more power to the Florida Legislature.… Read more
Amendment 5 to this year’s ballot asks voters to approve an amendment that would “increase the legislature’s authority regarding court rules, increase the access by the legislature to records of the Judicial Qualifications Commission, and require confirmation by the Senate of Supreme Court justices.” At its October 5, 2012 meeting, the Florida Bar Board of… Read more
Are you a regular reader? Have you ever found a helpful case on the Florida Rules Decisions Reporter? Nominate us, or your other favorite law blog (Blawg), for the American Bar Association’s Blawg 100, an annual list of the top 100 legal blogs in the country. The nomination link is here: http://www.abajournal.com/blawgs/blawg100_submit/ Thanks for your… Read more