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Foreclosure Magistrates Rule Change

The Florida Supreme Court has created a new Rule 1.491 that is intended to govern the use of magistrates in all residential mortgage foreclosure cases. Sections of Rule 1.490 that dealt exclusively with residential mortgage...more

3/24/2014

E-filing: Amendments to Florida Rules of Judicial Administration

Last week, the Florida Supreme Court amended Florida Rules of Judicial Administration 2.515, 2.516, and 2.525. These amendments are effective immediately. ...more

12/4/2013 - E-Filing Filing Requirements

Improper to Enter Dismissal with Prejudice on Motion to Amend Complaint

In this medical malpractice case, the Plaintiff sought to file an Amended Complaint to, in part, add additional Defendants, which were referred to as the “Potential Defendants.” The Potential Defendants, through counsel,...more

11/12/2013 - Amended Complaints Complaint Procedures Dismissal With Prejudice Dismissals

Two Requirements for Trial Court to Order Mental Evaluation of Party

In this family law case, the father sought to compel the examination of the mother by a psychologist pursuant to Florida Rule of Civil Procedure 1.360(a)(1). The trial court granted the motion and the mother filed a petition...more

11/5/2013 - Functional Capacity Evaluations Mental Health

Personal Jurisdiction Over Judgment Debtor Not Necessary to Domesticate Foreign Judgment

A judgment creditor sought to domesticate and enforce foreign judgment in Florida. The judgment debtor challenged enforcement on the grounds that Florida lacked personal jurisdiction over the judgment debtor...more

9/30/2013 - Debtors Foreign Judgments Judgment Debtors Personal Jurisdiction

After One Year, Judgment Can Only Be Set Aside for Extrinsic Fraud

On February 25, 2010, an agreed final judgment of foreclosure was entered pursuant to a settlement agreement between the original lender and the defendants/appellees. ...more

8/2/2013 - Final Judgment Foreclosure Fraud Lenders Settlement

Matter Not At Issue – Reversible Error

In this mortgage foreclosure case, the trial court set the matter for trial within twenty days of the date on which the defendant answered the Complaint...more

7/22/2013 - Foreclosure Mortgages Reversible Error

Plaintiff estopped from denying liability for attorneys’ fees

The Plaintiff in this Homeowner’s Association case lived and owned a home within a multi-association community. His neighborhood was governed by a Homeowners Association and the collection of neighborhoods in his community,...more

7/16/2013 - Attorney's Fees Estoppel Homeowners' Association Liability

Error to Dismiss for Lack of Prosecution at Case Management Conference

After Plaintiff failed to attend a case management conference, the trial court issued an order which stated in its entirety: Neither plaintiff nor defendant appeared at duly set status conference. Whereas this...more

7/1/2013 - Case Management Court Appearances Criminal Prosecution Motion to Dismiss

Florida E-filing Problems

Question for our attorney readers: Are you having trouble with e-filing? Ever since the switch, I have had numerous delays with the clerk processing basic matters. ...more

6/4/2013 - Delays E-Filing

Amendment to Rule 1.490 re Use of Magistrates in Residential Foreclosures

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

Record Evidence Did Not Support Finding of Fraud on the Court – Ford v. Stimpson

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

Effective Immediately – You Do Not Get Extra 5 Days for Mailing of Proposal for Settlement

Effective Immediately – You Do Not Get Extra 5 Days for Mailing of Proposal for Settlement when the proposal is mailed....more

4/15/2013 - Proposal for Settlement Settlement

Trial Court Could Look Beyond Four Corners of Complaint To Dismiss Case Based on Forum Selection Clause

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

Defaulted Party Still Entitled to Hearing on Attorneys’ Fees – ZHOU v. CATERPILLAR FINANCIAL SERVICES CORP.

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

Offer of Judgment Not Valid in Case With Monetary and Non-monetary Claims – Horowitch v. Diamond Aircraft Indus., Inc.

In a case seeking monetary and non-monetary relief, pursuant to section 768.79, Florida Statutes (2011), Diamond Aircraft served Horowitch with an offer of judgment for $40,000. The offer of judgment stated...more

1/18/2013 - Attorney's Fees Damages Equitable Relief Offer of Judgment

Happy New Year – Top 10 posts of 2012

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...more

1/3/2013 - Attorney's Fees Constitutional Amendment Discovery Email Service of Process Standing Summary Judgment

Amendment 5 Defeated – Election Wrap-up

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

Election Day – Amendment 5 News Coverage Roundup

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

Florida Constitutional Amendment 5 News Roundup

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

Roundup of Coverage on Proposed Constitutional Amendment 5

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

Prejudgment Attachment

...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

Understanding Florida’s Constitutional Amendment 5

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

Error to enter Summary Judgment while discovery pending – Almond Entertainment, Inc. v. Bayview Loan Servicing, LLC

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

Prejudgment Attachments and Fraudulent Conveyance Claims in Fidelity Litigation

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

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