Search for: "Amendment to the Florida Rules of Appellate Procedure"
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6 Jan 2022, 9:31 pm
On Thursday, January 6, 2022, the Florida Supreme Court Ordered the Florida Rules of Appellate Procedure be amended to allow a party to immediately appeal a order granting or denying a motion to allow a party to assert a claim for punitive damages.The Court recognized that this may cause delays in trial proceedings but the delay was outweighed by the importance in properly framing this issue in a case. [read post]
14 Jul 2022, 1:56 pm
Long awaited, much anticipated, the Florida Supreme Court (Moto "Undoing Liberal Precedent Since 2018") issued on July 14, 2022 its amendments to the rules of civil procedure (yawn), Florida Rules Of General Practice and Judicial Administration (first we've ever heard of these rules), Rules of Criminal Procedure, Probate Rules (read em before you need em), Rules of… [read post]
6 Jul 2023, 7:53 am
But then, the Court turned around and immediately issued another opinion that switched up the game on the issue, amending the Florida Rule of Appellate Procedure to allow for interlocutory (mid-litigation) appeals over the issue of qualified expert witnesses. [read post]
6 Oct 2016, 2:33 pm
Supreme Court of Florida.Florida Bar -- Rules -- Amendment -- Competence -- Minimum continuing legal education standards
IN RE: AMENDMENTS TO RULES REGULATING THE FLORIDA BAR 4-1.1 AND 6-10.3. [read post]
20 Jan 2021, 2:36 pm
At the end of 2020, The Florida Supreme Court decided to modify its Civil Procedure Rules. [read post]
19 Oct 2017, 8:42 am
Previously, there had been two lines of interpretations on the “relate back doctrine” (Florida Rules of Civil Procedure 1.190) in the state’s appellate courts. [read post]
21 Apr 2016, 4:50 am
The First Amendment protects freedom of speech and association. [read post]
6 May 2011, 1:51 pm
The Florida Supreme Court is About to Join the Fray Then there’s the 4th DCA’s decision, En Banc, to certify to the Florida Supreme Court a “question of great public importance” (for jurisdiction-conferring purposes under Rule 9.030 of the Florida Rules of Appellate Procedure) in Pino v. [read post]
3 Mar 2017, 11:33 am
The procedural – substantive distinction is grounded on a separation-of-powers issue: the Florida Constitution grants to the Court the exclusive power to create rules of court procedure; this exclusive power does not extend to rules of procedure that are substantive, which are the province of the Florida legislature. [read post]
19 Nov 2007, 6:03 am
All briefs shall be filed in compliance with Florida Rule of Appellate Procedure 9.210. [read post]
5 Jul 2017, 2:18 pm
But the question here is how the Florida court system views such rules; and it does seem like it treats them as procedural. [read post]
Appeals Court Finds Medical Malpractice Pre-Suit Notice Statutes Do Not Violate Florida Constitution
31 Jul 2015, 7:16 am
The Florida court held that the law did not conflict with Florida Rule of Civil Procedure 1.650, nor did it “intrude upon the supreme court’s procedural rule-making power” because it was “integral to other substantive portions of the statute. [read post]
27 Jun 2008, 3:36 am
claims for relief unless Athe motion, files, and records in the case conclusively show that the movant is entitled to no relief.@ Florida Rule of Criminal Procedure 3.851(f)(5)(B) applies the same standard to successive postconviction motions in capital cases. [read post]
22 Mar 2024, 3:30 pm
The circuit court further erred by failing to require Rubins to post a bond, as required by Florida Rule of Civil Procedure 1.610(b). [read post]
8 Feb 2023, 2:22 am
In a recent case, the Fourth District Court of Appeals in Florida issued an opinion in an appeal involving a wrongful death complaint between the Appellee, the plaintiff who is a personal representative of the decedent’s estate, and the Appellants, Cleveland Clinic Florida Health System (Cleveland Clinic). [read post]
1 Jul 2020, 11:09 am
For example, in a recent opinion, a Florida appellate court reversed a lower court’s ruling and found that a nursing home could compel a plaintiff to arbitrate their lawsuit. [read post]
3 Aug 2017, 9:54 am
A recent medical malpractice case out of Rhode Island illustrates how a plaintiff’s failure to comply with these procedural rules may result in unfavorable results. [read post]
30 Nov 2006, 5:14 am
Rules Appellate Procedure , Rule 9.030. [read post]
6 Mar 2020, 3:00 pm
This was demonstrated in a recent Florida appellate court case in which the court vacated the defendant’s fifty-year sentence for sexual battery, finding that it violated the defendant’s Eighth Amendment rights. [read post]
25 Jun 2013, 10:48 am
On March 20, 2013, Florida’s Fourth District Court of Appeal issued an opinion clarifying the procedure for designating, and producing, a corporate representative for deposition pursuant to Florida Rule of Civil Procedure 1.310(b)(6). [read post]
