Search for: "Amendments to Florida Rules of Criminal Procedure & Florida Rules of Appellate Procedure"
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23 Dec 2010, 2:50 am
This is a case of "first impression" in Florida meaning that the issue in this case had not been decided by any appellate court in Florida including the Florida Supreme Court. [read post]
24 Nov 2014, 3:03 pm
Labor relations -- Fair Labor Standards Act -- Overtime -- Former employees of Florida construction contractor brought suit claiming contractor failed to pay wages, including overtime, that they were entitled to receive under FLSA -- Jurisdiction -- District court had subject matter jurisdiction where face of complaint alleged federal claim for unpaid, overtime hours -- Statement of claim that plaintiffs filed under the local practices did not amend that jurisdictional basis out of… [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]
14 Aug 2011, 2:05 pm
Motion for Post-Conviction Relief under Florida Rule of Criminal Procedure 3.850 which must normally be filed within two years of the sentencing or the conviction being affirmed on appeal whichever occurred later. [read post]
23 Feb 2017, 1:09 pm
Courts of Appeals for the 2nd, 4th, 7th and 10th Circuits have concluded, or whether Federal Rule of Appellate Procedure 4(a)(5)(C) is instead a nonjurisdictional claim-processing rule because it is not derived from a statute, as the U.S. [read post]
25 Feb 2012, 4:39 am
The court did not address the 5th Amendment arguments and instead said the case was not procedurally ripe for appeal. [read post]
22 Nov 2008, 3:48 pm
ON APPEAL FROM THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT,IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA REPLY BRIEF OF APPELLANT MARTIN J. [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]
5 Apr 2016, 7:34 am
Civil procedure -- Summary judgment -- Notice of summary judgment evidence on which adverse party intends to rely -- Trial court properly interpreted rule 1.510 as requiring adverse party to file notice in response to a motion for summary judgment even if the evidence upon which it seeks to rely is already in the record -- Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Reasonable, related and necessary treatment -- Trial court did not err in finding that… [read post]
27 Jan 2022, 9:47 am
District Court for the Northern District of Florida ruled last week that the University of Florida (UF) continues to be in violation of the First Amendment. [read post]
27 Jul 2015, 11:10 am
ROBINSON, ETC., Appellee. 5th District.Wrongful death -- Medical malpractice -- Presuit requirements -- Statutory amendments which allow for presuit ex parte interviews between potential defendants and potential claimants' treating health care providers, and require potential claimants to sign a written waiver of federal privacy protection concerning relevant medical information prior to instigating a medical malpractice lawsuit, are constitutional and are not preempted by Health… [read post]
7 Nov 2006, 10:12 pm
This is the dynamic we're all used to: the operation of the Fourth Amendment's exclusionary rule.There is another, less well-known dynamic, one that arises under Rule 41(g) of the Federal Rules of Criminal Procedure. [read post]
9 Sep 2020, 6:16 am
IN RE: AMENDMENTS TO THE FLORIDA PROBATE RULES -- GUARDIANSHIP. [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]
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]
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]
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]
19 Jul 2008, 12:19 pm
He then filed a motion forpostconviction relief, followed by an amended Rule 3.850 motion. [read post]
10 Oct 2007, 10:59 pm
http://www.oranous.com/florida/MarkSchwab/replybriefSchwab.htm[www.oranous.com]IN THE SUPREME COURT OF FLORIDA CASE NO. 80289 MARK DEAN SCHWAB, Appellant, Death Warrant Signed Execution Scheduled for November 15, 2007 at 6:00 p.m. [read post]
23 Jul 2013, 3:04 pm
Thomas, U.S. 11th Circuit Court of Appeals, Docket: 11-15587, July 12, 2013, Judge: Tjoflat Contempt -- Indirect criminal -- Where party appeared at show cause hearing without counsel, court neither advised party that he was entitled to be represented by attorney, as provided by rule 3.840(d), nor informed him that attorney could be appointed for him if he could not afford one, and party did not knowingly waive right to counsel, it was fundamental error to adjudicate party guilty… [read post]
