Search for: "Amendment to the Florida Rules of Appellate Procedure"
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9 Jan 2007, 6:06 am
WHETHER AN AMENDMENT TO THE FLORIDA CONSTITUTION THAT IS APPROVED BY VOTE OF THE ELECTORS MAY BE SUBSEQUENTLY INVALIDATED IF, IN AN ACTION FILED BEFORE THE ELECTION, THERE IS A SHOWING MADE AFTER THE ELECTION THAT NECESSARY SIGNATURES ON THE PETITION PROPOSING THE AMENDMENT WERE FRAUDULENTLY OBTAINED? [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]
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]
18 Oct 2016, 9:52 am
After a set amount of time passes (see rule 1.530 of the Florida rules of civil procedure), that judgment is considered “final” for all intents and purposes. [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]
2 Jan 2011, 10:34 am
The Circuit Court for the Ninth Judicial Circuit is requested to serve a response to the above-referenced petition on on or before January 6, 2011, pursuant to Florida Rule of Appellate Procedure 9.100(e)(3). [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]
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]
6 Apr 2007, 9:44 am
In Re: Amendments To Florida Rule Of Judicial Administration 2.420—Sealing Of Court Records And Dockets. [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]
14 Sep 2015, 11:40 am
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]
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]
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]
9 Sep 2020, 6:16 am
IN RE: AMENDMENTS TO THE FLORIDA PROBATE RULES -- GUARDIANSHIP. [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]
18 Nov 2023, 2:32 pm
" Of course, if a lower court sets aside an agency rule under the APA, the Federal Government may promptly seek a stay in the relevant court of appeals or in this Court if the Government wants the rule to remain in effect while the appellate litigation over the rule's legality is ongoing.} [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]
13 Jun 2023, 8:47 am
That decision, which only came down last July, is the only federal appellate case approving the controversial procedure, even though district courts have been using it for more than 35 years. [read post]
29 Jul 2011, 9:00 am
In October 2009, a post on the Property Insurance Coverage Law Blog titled Florida's Third District Rules When a Bad Faith Claim Can be Filed Following Appraisal evaluated the case of State Farm Florida Ins. [read post]
16 Jul 2015, 9:43 am
Instead, the court said the man should have sought to amend his complaint in accordance with the Federal Rules of Civil Procedure if he intended to pursue the “mode of operation” theory in support of his negligence cause of action. [read post]
