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After One Year, Judgment Can Only Be Set Aside for Extrinsic Fraud 2 Aug 2013 | 05:04 pm
On February 25, 2010, an agreed final judgment of foreclosure was entered pursuant to a settlement agreement between the original lender and the defendants/appellees. On August 31, 2012, the defendant...
Vexatious Litigant – Case Dismissed with Prejudice 24 Jul 2013 | 02:24 am
In this tort case, the appellate court affirmed a dismissal order finding a pro se plaintiff to be a “vexatious litigant,” which according to Florida Statute § 68.093, includes a pro se litigant “who,...
Matter Not At Issue – Reversible Error 19 Jul 2013 | 05:33 pm
In this mortgage foreclosure case, the trial court set the matter for trial within twenty days of the date on which the defendant answered the Complaint. Defense counsel objected to the trial proceed...
Plaintiff estopped from denying liability for attorneys’ fees 16 Jul 2013 | 12:47 am
The Plaintiff in this Homeowner’s Association case lived and owned a home within a multi-association community. His neighborhood was governed by a Homeowners Association and the collection of neighbo...
Please Take a Minute to Nominate the Florida Rules Decisions Reporter 9 Jul 2013 | 09:44 pm
The ABA is currently accepting nominations for the best legal blogs from around the country. For over four years, we have been keeping you up-to-date on the Florida Rules of Civil Procedure and relat...
Error to Dismiss for Lack of Prosecution at Case Management Conference 1 Jul 2013 | 04:58 pm
After Plaintiff failed to attend a case management conference, the trial court issued an order which stated in its entirety: Neither plaintiff nor defendant appeared at duly set status conference. Wh...
Florida E-filing Problems 4 Jun 2013 | 01:17 am
Question for our attorney readers: Are you having trouble with e-filing? Ever since the switch, I have had numerous delays with the clerk processing basic matters. For instance, in one recent case i...
Amendment to Rule 1.490 re Use of Magistrates in Residential Foreclosures 14 May 2013 | 06:57 pm
The Florida Supreme Court has amended Florida Rule of Civil Procedure 1.490, effective immediately, to streamline the use magistrates in residential mortgage foreclosures. Subdivision (c) of the rule...
Dismissal for Fraud on the Court Not Available to Resolve Jury Questions – Herman v. Silver 7 May 2013 | 01:46 am
In this medical malpractice case, a husband sued after his wife died allegedly from kidney failure after the defendant doctor performed surgery. At the trial, the husband testified about various issue...
Record Evidence Did Not Support Finding of Fraud on the Court – Ford v. Stimpson 30 Apr 2013 | 05:35 pm
In this products liability case, final judgment was entered in favor of the defendant following a four-week jury trial. The plaintiff alleged that the defendant had committed fraud on the court and ...
