litigation
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I Can’t Get No “Satisfaction”: Florida Supreme Court Tweaks Discovery Timing in Florida Civil Rule 1.280
For the busy Florida litigator, a subtle but significant change to the rules governing the timing of discovery is now in effect. The Florida Supreme Court has amended Florida Rule of Civil Procedure 1.280(f), a move designed to curb a frustrating delay tactic and streamline the discovery process. In a recent order, the state’s highest…
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Lawyers, Don’t Fear the Reaper
A.I. may be new and scary, but the legal profession should embrace it, not bogeyman it. One of the benefits of being a licensed Florida attorney is that, every month, without fail, I receive a nice, crisp copy of The Florida Bar News. This month was like no other as I recently received the September…
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Welcome to the New Age: The Federalized Summary Judgment Standard Arrives in Florida – Fla.R.Civ.P. 1.510
For Florida lawyers, the landscape of civil litigation has shifted dramatically. Effective May 1, 2021, the Sunshine State embraced the federal summary judgment standard, significantly amending Florida Rule of Civil Procedure 1.510. This marks a significant change in how courts will resolve cases without trial. This blog post delves into the new standard, its implications…
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Short selling your home? Here’s a tip: start the process well in advance of a scheduled foreclosure sale
A September, 2018 opinion from Florida’s Third District Court of Appeals provides guidance on what is not a “lawful, cognizable basis” for cancelling, rescheduling, or continuing a judicial foreclosure sale date, in the absence of an agreement from the plaintiff (lender). In the case below, thirteen days before a foreclosure sale was set to occur,…
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No Contract, No Fees, No, Really
Want it all? Well, you can’t have it all. This should not be news to you. This has been idiomized in countless ways over the years: Wait, say what? You haven’t heard of that last one? Well, you’re forgiven because it’s fairly recent, originating from the 2018 4th DCA case, Torres v. Bank of New…