Summary Judgment overturned on finding that material facts in dispute
The case involves the appeal of final summary judgment in a suit for civil forfeiture of $2,470.00. The currency was seized based on allegations that the currency’s owner (“Owner”) sold cocaine. The...
View ArticleTrial Court’s Erroneous Handling of a Writ of Mandamus
This case concerns a dispute between the Miami-Dade County Commission and a citizens group attempting to place ballot initiative before voters through a petition process. The County Commission...
View ArticleClaims in Amended Pleadings Relate Back – Not Time Barred
This case was marred by rather convoluted pleadings resulting from the consolidation of two separate suits filed by the same Plaintiff in 2009 and 2010. Post consolidation, the trial court permitted...
View ArticleJuror Goes on Social Media Rant – No New Trial
I once had a case where a prospective juror went on Facebook during a break in voir dire to make some rather colorful comments about the process. That juror was Continue Reading →
View ArticleNew Year, New Rules Amendments
Must and document. Those two words summarize the latest amendments to the Florida Rules of Civil Procedure. The amendments change 16 different rules and introduce a new rule 1.545 dealing Continue...
View ArticleNo Added Time For Mailing
When a court orders that a matter be done by a certain date, do the parties get to add an additional five days for mailing pursuant to Rule 2.514? The Continue Reading →
View ArticleTrial Court Erred by Weighing Credibility of Expert’s Affidavit on Summary...
In this case involving a slip in fall at a condominium, the Plaintiff sought to prove negligence of the Condominium Association through an expert who opined on the length of Continue Reading →
View ArticleExpert Determination
“Expert determination is a form of dispute resolution in which the parties use a subject-matter expert, rather than a judge, mediator, or arbitrator with legal training, to decide the dispute. Continue...
View ArticleHearing Required for Summary Judgment
In Chiu v. Wells Fargo Bank, N.A., Case No. 3D17-997 (Fla. 3d DCA 2018), the Third DCA overturned the trial court’s decision to grant summary judgment without a hearing. The parties Continue Reading →
View ArticlePurpose of Service
“The real purpose of the service of summons is to give proper notice to the defendant in the case that he is answerable to the claim of plaintiff.” Haney v. Olin Continue Reading →
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