Search for: "Amendment to Fla. Rules of Appellate Procedure" Results 61 - 80 of 185
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19 Oct 2011, 9:11 am by South Florida Lawyers
But the judge is not done:  In my view, to affirm what happened here requires that we turn a blind eye to the Florida Rules of Civil Procedure, the Florida Bar Rules of Professional Conduct, and the Code of Judicial Conduct, to say nothing of the Constitutions of the United States and the State of Florida.Ok, but no traffic safety rules were violated, so it's not all bad. [read post]
7 Jul 2022, 8:26 am by Juan C. Antúnez
[FN4] [FN4:] We disagree with Appellants’ contention that the trial court erred in considering the statute of limitations in ruling on the motion to dismiss because it required the court to consider matters outside the four corners of the complaint. [read post]
16 Mar 2014, 7:10 pm by Jacek Stramski
Phillips, 746 So. 2d 1105, 1109 (Fla. 4th DCA 1999) and 2003 amendments to the MMA, which substituted the term “medical malpractice” for the broader term “medical negligence. [read post]
14 Sep 2015, 11:40 am by Erin E. Dardis
Stat. 2003 is invalid,” with FWA and WILG designated as the “petitioners” and the State of Florida, Office of the Attorney General, which had been mailed a notice of constitutional question pursuant to Florida Rule of Civil Procedure 1.071, as the “respondent. [read post]
1 Apr 2010, 2:25 pm by William Ryan Moore
Florida Rule of Criminal Procedure 3.510, entitled “Determination of Attempts and Lesser Included Offenses,” provides the following: On an indictment or information on which the defendant is to be tried for any offense the jury may convict the defendant of: . . . . [read post]
23 May 2010, 8:41 pm by cdw
” “Beuke has failed to demonstrate any likelihood of success on the merits of his claim that use of the Plan B procedure would violate his Eighth Amendment rights. [read post]
3 Apr 2014, 11:08 am by Abbott & Kindermann
Trial Court Rulings The trial court ruled that the department abused its discretion in six aspects: First, the EIR failed to adequately discuss the impact of dissolved copper discharged from the project area on steelhead smolt. [read post]
28 Mar 2018, 1:22 pm by Aurora Barnes
Brown 17-887 Issue: Whether the Indiana procedure that allows trial-counsel Strickland v. [read post]
30 Sep 2010, 9:45 am
Any other interpretation flies in the face of the stated intent for construction of the procedural rules. [read post]
11 Mar 2008, 8:46 am
City of Gaithersburg , No. 06-2158 In civil rights action alleging unlawful searches and seizures and unlawful continued retention of plaintiff's weapons, dismissal with prejudice of federal claims, and dismissal without prejudice of state claims, are affirmed over plaintiff's claims that: 1) police searches of his luggage, van, and apartment violated his Fourth Amendment rights; 2) the initial seizures of his guns, ammunition, firearms accessories, and survival literature… [read post]
3 Mar 2008, 12:13 pm
Alexander, No. 06-1867 A sentence for sexual abuse of a minor is vacated and remanded where the district court plainly erred in failing to provide notice of an upward variance as required by Federal Rule of Criminal Procedure 32(h). [read post]
20 Oct 2008, 6:46 pm
P. 23(b)(2) requirements for certification; and 4) remand was necessary for consideration of whether the proposed damages class met the Rule 23(b)(3) requirements. [read post]
8 Jun 2011, 7:48 pm by Edward A. Fallone
  Sometimes, these challenges have been based on First Amendment claims. [read post]
12 Jul 2012, 7:30 am by W.F. Casey Ebsary, Jr.
  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]
22 Sep 2020, 4:45 pm by Eugene Volokh
The dismissal order elevates state civil procedure rules over the First Amendment and form over substance. [read post]
22 Sep 2009, 6:10 pm by Law Lady
-- Where a judgment contains a reservation of jurisdiction to award prejudgment interest, should the appeal of such judgment be treated as a premature appeal under Florida Rule of Appellate Procedure 9.100(l), or must the appeal be treated as accomplishing a waiver of prejudgment interest pursuant to McGurn v. [read post]
17 Apr 2019, 7:41 am by Patrick W. Krechowski, Esq.
Procedurally, the Florida Rules of Appellate Procedure apply to first-tier certiorari review.[1]  There is a strict 30-day deadline to file a petition. [read post]