Civ Pro Flashcards
Florida Supreme Court Must Review: (4)
Bonds, Utilities, Invalidation of State statute, and Death Penalty
Appellate Court Jurisdiction Must Review: (5 Major Items)
Final trial court orders not reviewable by FSCL, Admin anything, Venue, Injunction (Grant/Modify/Kill), Determine Juris of Person, Immediate possession of property (Right to), Money/Child Support for Family Law, whether a class should be cert’d
Writ of Mandamus
Appeals Court orders lower court to do something
Circuit Court - Authority: (5)
Estate Settlement, Juvenile Crimes (except traffic), Felonies, + Felonies when tied with Misd, tax assessment legality, real prop title crap.
County Court - Auth: (6)
Misdmeanors, muni/ordinance vios, HoA disputes, Simple dissolution of marriage, Any amount under 30k (2022)/50k (2023), Right to possess real prop (eviction jazz)
Concurrent Juris Between Circuit & County: (3)
Landlord (below thresh), real prop, hoa.
Forum Selection Clause Validity: (5)
Provision showing Florida law as governing, provision where non-resident agrees to submit to jurisdiction, involves consideration of 250k+, Does not violate Fed Const, Relation to Florida Law or at least one party is Florida resident.
Waiver of Service Request: (3)
Copy of complaint + Court, extra copy of notice and request including waiver, and prepaid means of compliance in writing.
Service On Partnership & LP
Process against a partnership must be served on any partner and is as valid as if served on each individual partner.
Requires one attempt, then can served on person in charge of partnership during regular business hours.
Corps Service
(1) Pres, VP, or Head; (2) Cashier, treasurer, GM; (3) any agent/officer in the state. Alt Method: Serve registered agent.
Venue - Special Property Exception
Only applies for REAL Property. No cars, or anything that can be moved. So can’t hold venue in area of that kind of property
Venue: Plaintiff Mistake
Auto-transfer. Plaintiff has to pay new filing fee.
Time to Dismiss for Forum Non Conveniens
Not later than 60 days after service.
Claim for Relief Contents: (3)
(i) short and plain statement regarding jurisdiction; (ii) short and plaint statement of ultimate facts that pleader is entitled to relief; (iii) demand for judgment for relief so entitled.
Aff Defenses
Have to be made in pleading to a pleading (response), or they’re waived.
Amendment to pleading (How/How many)
Once as a matter of right any time prior to response
Fraud - Special Pleading Req’s
Must be stated with such particularity….
Special Damages Req
Must be stated
Motion for Judgment On the Pleading Restrictions
Based only on questions of law. (Not the same as Sum Judg
Motion for More Definite Statement Timing
10 days
Interrogatory Answer Types
Admit, Deny, or state lack of info (serves as denial)
Timing after Court denies Def’s pre-answer motion to dismiss
Def has 10 days to answer whole complaint
Timing after Court GRANTS def’s pre-answer motion for more definite statement
Plaintiff has 10 days to respond
Intervention Info
Same side of v. Usually another plaintiff wants to join in. Allowed at any time.
Impleader
Def pulls in another party to blame. No need for court permission within 20 days of after original answer
Class Action Req’s
Numerosity, common questions of law/fact, typicality, fair/adequate rep.
Class Action Basic Steps
Trial judge determines if class action is appropriate, notice is given by party to class members.
Motion for Substitution - Timing
Motion necessary for dead or incompetent parties - within 90 days of death/incompetence.
Depo notice after service/initial pleading - Timing
Court permission required if done within 30 days after service/initial pleading.
Non-Party Witness Depo req’s
MUST BE SUBPOENAED
How to get production of tangible items
Notice to produce
How Depos Used
To contradict or impeach
Interrogatory Limit
30
Interrogatory Answer Timing
30 days, 45 if accompanied within initial process
Requesting Examination of Other Party
Fine when subject of examination is in controversy. Party has to respond in 30 days
Default Judgment isn’t a ruling on _ _ _ _ _ _ _
Damages
Default against Retards
Can’t do it unless rep’d by general guardian, committee, conservator, or other rep.
How to do voluntary dismissal
Can serve notice without order of the court any time prior to hearing for SJ or prior to jury goes to “retire.”
Can’t voluntarily dismiss when
Court has already seized property, fraud against the court, counterclaim.***** Vague info here.
Failure to Prosecute Timing
10 Months, 60 days, 5 Days. Anyone can make notice (including clerk)
Summary Judgment Weighted Toward
“In light most favourable to non-moving party.”
Summary Judgment will not automatically result in ruling on: _ _ _ _ _ _ _
Damages
Summary Judgment Timing Restrictions After Initial Process
Can’t file within the first 20 days UNLESS def. files, then it’s game on.
How long before hearing can party file for SJ? (Changed)
40 days prior to hearing (at least),
Party Opposing SJ Rights
If they can’t find necessary defense, they can be granted more time. Also, Bad Affs result in legal fees for other side.
Demand Timing After Service and Before Hearing
No earlier than 90 days after service of process and no later than 45 days prior to trial
Demand must include
Everything desired for all claims. Legal fees can go either way.
Days to accept demand
30 days from service of proposal
Jury Trial Demand Timing
No later than 10 days after date of last pleading
FTA at trial by Parties
If Def fails to appear, case goes on anyway. Counterclaims by Def get dismissed. No defaults or directed verdicts
Setting aside verdict timing
15 days after return of verdict
Punitive Damages Rules
I. Must not exceed 3x for compensatory damages or the sum of 500k, whichever is greater. II. Limit is set at 4x or 2m - Harm is actually known; III. No cap for specific intent to harm.
Motion for Costs timing
30 days after filing judgement
Judge Disqual Timing
10 days after disco of facts justifying disqual.
Motion for New Trial
15 days after verdict; Court can do so on its own volition with same timing.
Relief from Judgment
Within a year (reasonable time)
Clerical Error
Clerk can fix on its own accord
Med Mal Req’s
Notice; 90 Day Invest Period; Mandatory Mediation/Settlement Conf within 120 days; Refusal.
Med Mal Arbitration Numbers/Restrictions
If Def refuses Arb, no cap on limit + ability to get legal fees of 25% on judgment. If Plaintiff refuses Arb, 350k cap per incident.
SoL
All two years now (2023)
Rejection of Demand Proceeding to Trial
If jury award is 25% greater than offer, Plaintiff awarded att. fees from time of offer forward.
Whole thing must be in good faith.
Arbitration Appeal
Very specific aspects within 30 days.
Class Action Settlement
Judge has to approve
