Search for: "Amendment to the Florida Rules of Appellate Procedure"
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23 Dec 2017, 10:36 am
Then earlier this year, the Florida Supreme Court in the per curiam ruling of In re: Amendments to the Florida Evidence Code, decided NOT to adopt the Daubert standard – even though the legislature had passed a law enacting it – for two reasons: Concerns regarding the constitutionality of the amendment; Procedural concerns with the law creating a section that isn’t part of the state’s evidence code. [read post]
11 Dec 2017, 2:41 pm
In sum, Price’s First Amendment interest weighs heavily against a p [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]
10 Oct 2017, 5:52 am
Feb. 8, 2017) (granting summary judgment on First Amendment grounds). [read post]
14 Sep 2017, 8:22 am
This was not permitted under the rules of appellate procedure, and the plaintiff’s appeal was dismissed. [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]
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]
28 Jun 2017, 1:11 pm
Florida. [read post]
27 Jun 2017, 1:14 pm
But it denied relief in Davila – not because appellate counsel was constitutionally effective – but because, in a 5-4 vote, it decided that a procedurally defaulted claim of ineffective assistance of appellate counsel could not be excused, and thereby considered in federal habeas review, due to ineffective post-conviction counsel’s failure to raise the claim. [read post]
14 Jun 2017, 9:04 am
Florida, which held that the Eighth Amendment prohibits sentencing juvenile offenders to life in prison without parole for crimes other than murder, did not clearly prohibit Virginia’s program that allowed eventual “geriatric release. [read post]
8 Jun 2017, 10:36 am
The court excused Hutton’s procedural default not based on any exception to the procedural default rule that Hutton himself had advanced, but on one the court invoked on its own — the “fundamental miscarriage of justice” exception. [read post]
7 Jun 2017, 11:34 am
(2) Is the district court’s order denying the appellants’ objections to the remedial map appealable under 28 U. [read post]
12 May 2017, 1:33 pm
The same day, the court also ruled 6-3 for a right to appellate counsel in the Douglas case. [read post]
4 Apr 2017, 11:29 am
” Both are governed by the Florida Rules of Civil Procedure as well as local rules, state statutes, and court precedent. [read post]
23 Mar 2017, 9:01 pm
Perhaps the most prominent is the equal protection norm of the Fourteenth and Fifth Amendments. [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]
Failure to Follow Procedural Rules May Result in Delay or Dismissal of Florida Personal Injury Cases
2 Mar 2017, 6:46 am
The post Failure to Follow Procedural Rules May Result in Delay or Dismissal of Florida Personal Injury Cases appeared first on South Florida Injury Attorneys Blog. [read post]
Failure to Follow Procedural Rules May Result in Delay or Dismissal of Florida Personal Injury Cases
2 Mar 2017, 6:46 am
The post Failure to Follow Procedural Rules May Result in Delay or Dismissal of Florida Personal Injury Cases appeared first on South Florida Injury Attorneys Blog. [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]
23 Feb 2017, 12:04 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]
