The Florida Supreme Court has amended Florida Rule of Civil Procedure 1.490, effective immediately, to streamline the use magistrates in residential mortgage foreclosures....more
5/15/2013
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...more
5/1/2013
- Evidence Final Judgment Fraud Jury Trial Trials
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....more
3/25/2013
- Forum Selection Clause Motion to Dismiss
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...more
1/28/2013
- Attorney's Fees Default Replevin
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...more
11/8/2012
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...more
11/6/2012
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. (see alert...more
11/2/2012
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...more
10/24/2012
...Florida law provides that a judge may issue a writ of attachment “when the debtor (1) Is actually removing the property out of the state; (2) Is fraudulently disposing of the property to avoid the payment of his or her...more
10/22/2012
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...more
10/17/2012
Bayview Loan filed a commercial foreclosure action against Almond and later moved for summary judgment. At some point, it is not clear whether it is before or after the MSJ was filed, Almond moved to compel the deposition of...more
10/16/2012
I. Introduction -
It is not difficult to imagine that you file an action to recover a loss and the defendant hastily transfers the cash to friends, wires money to relatives overseas, hides the vehicles out of state,...more
10/12/2012
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...more
10/11/2012
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...more
9/4/2012
