Search for: "In Re: Amendments to the Florida Rules of Civil 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]
22 Mar 2022, 11:00 am
Plaintiffs characterized their suit as a representative action under Florida Rule of Civil Procedure 1.222, which allows a mobile homeowner’s association to bring a class action suit in a representative capacity. [read post]
13 Nov 2023, 4:10 pm
Boehringer Ingelheim Pharmaceuticals, Inc. 23-267Issue: Whether an interlocutory ruling that dismisses some (but not all) of a plaintiff’s claims with prejudice become an appealable “final decision” if the plaintiff voluntarily dismisses her action under Federal Rule of Civil Procedure 41(a). [read post]
31 Dec 2015, 1:47 pm
Let us know if you’re willing to take action where you live when it does. [read post]
19 Apr 2012, 4:48 am
Presuit mediation proceedings must be conducted in accordance with the applicable Florida Rules of Civil Procedure, and these proceedings are privileged and confidential to the same extent as court-ordered mediation. [read post]
13 Nov 2020, 12:05 pm
IN RE: GRACE OLAECHEA VS. [read post]
30 Jul 2013, 1:45 pm
Today the Fifth Circuit issued its opinion, which is available here: In Re: Application of the United States of America for Historical Cell Site Data. [read post]
7 Nov 2019, 1:55 pm
We sued to stop the diversion of funds, and the lower courts ruled the spending illegal. [read post]
3 Apr 2017, 4:05 am
Tuttle, Civil Procedure and the Ministerial Exception, 86 Fordham Law Review (Forthcoming).From SSRN (Legal History):Nico Schröter, Nico, Order, Authority, and Law: On the Development of Modern Conceptions of Political Order, Legitimate Rule, and Law and How They are Challenged, (LSE Law Review vol. 2 (2017), pp. 24-44).M.C. [read post]
23 Jun 2014, 7:10 am
The rule is procedural, not jurisdictional. [read post]
6 Nov 2013, 9:34 am
THERESE UJOWUNDU, et al., Appellees. 3rd District.Jurisdiction -- Civil procedure -- Service of process -- Evidentiary hearing -- Although summons was regular on its face in contradiction of defendant's allegation, trial court erred in not holding an evidentiary hearing after defendant submitted affidavit of non-service alleging summons was improperly left on her apartment doorstepTIARA DAVIS, Appellant, v. [read post]
2 Dec 2009, 2:41 am
Oh I kid the 3d -- they're not all bad. [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]
30 Nov 2008, 12:41 am
Here's how the 4th DCA explained its ruling: In its initial brief, Klingensmith relies on Florida Rule of Appellate Procedure 9.110(a)(2) and its committee note as authorization for this appeal. [read post]
24 Oct 2016, 6:25 pm
THADIUS DEMENTRIEL CRAWFORD, Appellee. 1st District.Civil procedure -- Proposal of settlement -- Attorney's fees -- An offer of settlement is not invalid for failing to state, as required under Rule of Civil Procedure 1.442(c)(2)(F), whether the proposal includes attorney's fees and whether attorney's fees are part of the legal claim, where attorney's fees are not sought in the pleadingsSUSANNE L. [read post]
8 Jun 2009, 5:17 pm
Below is the text of my letter: The Criminal Procedure Rules Committee The Rules of Judicial Administration Committee The Traffic Court Rules Committee c/o The Florida Bar Staff Liaisons 651 E. [read post]
18 Mar 2015, 9:26 am
Florida Rule of Civil Procedure 1.280(b)(5)(B) provides, “[d]iscovery of facts known and opinions held by experts, otherwise discoverable under the provisions […] of this rule and acquired or developed in anticipation of litigation or for trial, may be obtained only as follows […] A party may discover facts known or opinions held by an expert who has been retained […] by another party in anticipation of litigation or preparation… [read post]
25 May 2009, 10:01 pm
Accordingly, the Federal Rules of Civil procedure should explicitly acknowledge that in a small set of cases motions on the pleadings can properly function as truncated and disguised motions for summary judgment. [read post]
14 Nov 2007, 5:20 am
On August 15, 2007, Plaintiff filed a motion to vacate sentence or stay execution pursuant to Florida Rule of Criminal Procedure 3.851(c)(2) raising two claims: (1) Florida's lethal injection method of execution violated the Eighth and Fourteenth Amendments and corresponding provisions of the Florida Constitution, and (2) newly discovered evidence revealed that Mr. [read post]
10 Dec 2010, 6:15 am
The court stated:the Florida Supreme Court adopted amendments to the rules of civil procedure relating to mortgage foreclosures. [read post]
