Search for: "Amendment to the Florida Rules of Appellate Procedure"
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14 Apr 2013, 6:46 pm
Since a best interests hearing as to the adoption of the subject child has never been held, these appellate rulings make clear that this court must hold an evidentiary hearing, including independent expert psychological testimony as to the child's best interests, regarding the impact on the child of potential separation from the Foster Mother and the placement with the Maternal Aunt for the purpose of adoption. [read post]
10 Apr 2013, 9:07 am
The State claimed that the Florida Rule o [read post]
11 Mar 2013, 6:28 am
Constitution, Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, Federal Rules of Appellate Procedure, Federal Rules of Evidence, and Federal Rules of Bankruptcy Procedure. [read post]
10 Feb 2013, 6:42 am
Alabama and the coming wave of Eighth Amendment cases' [read post]
27 Dec 2012, 6:56 am
Florida Bar Rule 1- 9, cmt. [read post]
1 Dec 2012, 1:28 pm
Readers know from prior posts that Georgia is one of the "red-flag" states when it comes to non-compete disputes.Non-compete contracts entered into before the ratification of a constitutional amendment in 2011 are governed by the common law, and that body of law remains exceedingly treacherous for companies enforcing covenants.A recent Georgia appellate case illustrates why procedural choice of venue and choice of law rules are vitally important.The case… [read post]
10 Nov 2012, 2:14 pm
FLORIDA ATLANTIC STOCK TRANSFER, INC., a Florida corporation, Appellant, v. [read post]
10 Nov 2012, 2:14 pm
District Court for the Middle District of Florida ruled that plaintiff Peggy McClelland's state-law- based claims are preempted by the Medical Device Amendments to the Federal Food Drug and Cosmetic ActRegulatory Violations: 6TH CIRCUIT: NURSING HOME PROPERLY CITED FOR SEXUALLY AGGRESSIVE RESIDENT, Somerset Nursing & Rehab. [read post]
30 Sep 2012, 8:34 pm
Certainly if the Constitution permits an appellate court to rule on a timeliness issue not raised which would obliterate a valid claim, it allows advancement of an issue not raised in order to avoid a miscarriage of justice.Contrast this very thoughtful Ninth Circuit opinion with another federal court ruling on matters not squarely raised. [read post]
25 Sep 2012, 7:30 am
The defendant then filed a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure. [read post]
25 Sep 2012, 7:30 am
The defendant then filed a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure. [read post]
13 Sep 2012, 6:33 am
That reading of the statute would exacerbate the substantial federalism costs of the preclearance procedure. [read post]
10 Sep 2012, 6:26 pm
ELDRED, Respondent. 4th District.Contracts -- Real property sale -- Appeals -- Appellate court's affirmance of final judgment not to be interpreted as approval of trial court's comment that purchasers may later move to amend claim for specific performance to seek damages in lieu of specific performance, or as an indication that such a procedure is appropriate? [read post]
10 Sep 2012, 7:04 am
Following the French high court ruling this past December, the plaintiffs filed a motion, pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure, requesting that the U.S. [read post]
10 Sep 2012, 7:04 am
Following the French high court ruling this past December, the plaintiffs filed a motion, pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure, requesting that the U.S. [read post]
6 Sep 2012, 8:45 am
Procedural Issues (for the Litigators): Want to get a photograph on a social media site into evidence? [read post]
Florida Amendment 5 & New Hampshire CACR 26: Giving legislatures more power over judicial rulemaking
30 Aug 2012, 8:47 am
Florida Amendment 5 Article V, Section 2(a) of the Florida constitution grants the state’s Supreme Court a relatively broad rulemaking authority. [read post]
26 Aug 2012, 7:14 am
”) (quoting section 732.512(1), Florida Statutes (1995)). . . . [read post]
16 Jul 2012, 1:05 pm
Petitioner filed a demand for speedy trial pursuant Florida Rule of Criminal Procedure 3.191(b). [read post]
12 Jul 2012, 7:30 am
The Judge ruled, "In accordance with Rule 57 of the Federal Rules of Civil Procedure, a Declaratory Judgment shall be entered separately, declaring FLA.STAT. [read post]
