Search for: "Amendment to the Florida Rules of Appellate Procedure"
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19 Sep 2014, 11:59 am
The court denied the defendant’s motion based on Florida Rule of Civil Procedure 1.442(b). [read post]
12 Sep 2014, 12:37 pm
Respondent-appellant argues that evidence of the petitioner taken in Florida was improperly admitted without according him the right of cross examination. [read post]
11 Sep 2014, 11:31 am
The court also mentions two wrongful death cases filed beyond the absolute 2-year Florida statute of limitations for such claims. [read post]
9 Sep 2014, 6:07 am
The appellant, whose position we are supporting, is represented by Oscar Michelen (Cuomo LLC). [read post]
3 Sep 2014, 9:00 am
The Florida Bar 13-1499Issue: Whether a rule of judicial conduct that prohibits candidates for judicial office from personally soliciting campaign funds violates the First Amendment. [read post]
11 Aug 2014, 7:44 am
Both preconditions must be true if First Amendment rights are to sustain discursive democracy. [read post]
6 Aug 2014, 4:00 am
Appellant Alexander Michael Roy (Roy) alleges that his criminal conviction was obtained in violation of the Sixth Amendment and the Supreme Court’s holding in United States v. [read post]
3 Aug 2014, 11:34 am
ROLISON, Appellee. 1st District.Dissolution of marriage -- Contempt -- Failure to pay alimony -- Amended written order finding former husband in contempt for failure to pay alimony was inconsistent with trial court's oral ruling denying motion for contempt -- Remand for trial court to make findings in accordance with procedure set forth in Bowen v. [read post]
31 Jul 2014, 1:17 pm
Rule 21 of the Rules of Appellate Procedure mentions only orders denying MARs, and a prior case, State v. [read post]
30 Jul 2014, 11:48 am
The Florida Supreme Court amended the Florida Rules of Criminal Procedure last week, stripping Florida state prosecutors of their discretion to disclose information about informants. [read post]
18 Jul 2014, 12:24 pm
Under Rule 4-1.2(a) of the Rules Regulating The Florida Bar, a lawyer is required to abide by her client’s decisions concerning the objectives of representation. [read post]
12 Jul 2014, 7:33 pm
Procedural HistoryKrauser sued [BioHorizons] in Florida state court, seeking a declaration that [...] [read post]
3 Jun 2014, 7:15 am
Alabama, agency revision of interpretative rules under the Administrative Procedure Act, and the role of judges in assessing the factual basis for expert testimony. [read post]
2 Jun 2014, 2:33 pm
Supreme Court of Florida.Attorney's fees -- Appellate -- Certiorari proceedings -- Rule of Appellate Procedure 9.400(b) does not apply to rule 9.100 original proceedings -- Procedure to request attorney's fees in rule 9.100 original proceeding is governed by rule 9.300, which governs appellate motions and states that, “Unless otherwise prescribed by these rules, an application for an order or… [read post]
30 May 2014, 12:08 pm
Florida’s rule disregards established medical practice that an individual score is best understood as a range. [read post]
16 May 2014, 6:28 am
The Bottom Line: Instead of getting an earth-shaking game-changer of a decision from the First Circuit that would break open the floodgates and allow hybrid Chapter 13 plans, we got a dry lesson in bankruptcy appellate jurisdiction and procedure. [read post]
11 Apr 2014, 7:41 am
A procedural mess followed, with the case going up to the 9th Circuit, then up to the SCOTUS (on the issue of a bankruptcy court’s power to decide probate matters), then back to the 9th Circuit. [read post]
24 Mar 2014, 6:57 pm
This is consistent with the general rule that forfeiture clauses must be strictly construed. [read post]
16 Mar 2014, 7:10 pm
Pointing to two Florida appellate decisions, the Estate claimed that this provision (in its narrowly construed form) requires a defendant to prove that the use of a medical negligence standard of care is necessary for the plaintiff’s claim. [read post]
16 Mar 2014, 3:38 pm
WEST, individually; and TALL TOWER VENTURES, LLC, a Florida limited liability company, Appellees/Cross-Appellants. 2nd District.Mortgage foreclosure -- Error to dismiss second amended foreclosure complaint based on plaintiff's failure to prove that its loan servicer had authority to verify the foreclosure complaint at that stage of the litigation -- Plain language of rule does not require servicer to file evidence with the foreclosure complaint proving that it had… [read post]
