Civil Procedure Florida

Question 1

when can a party amend

Answer 1

1) Any time before a responsive pleading is served, or
2) 20 days after pleading is served if it is one where no responsive pleading is permitted and the action has not been placed on trial calendar

Question 2

The Florida Supreme Court MUST hear which types of appeals

Answer 2

• The district courts of appeal declare a state statute or constitutional provision invalid
• A statewide agency acts regarding utility rates or services or
• A final judgment is entered regarding bond validation or certificate of indebtedness

it has DISCRETION to hear an appeal where a district court upheld a state statute

Question 3

What seven categories of cases does the circuit court have trial jurisdiction over?

Answer 3

1) All non-cognizable county court actions,
2) Settlements of estates (decedents & minors), guardianship, involuntary hospitalization & incompetence,
3) Equity cases (including juvenile non-traffic offenses),
4) Felonies (includes misdemeanors arising from same circumstances of a charged felony),
5) Legality of tax assessments, toll, or refund denial,
6) Ejectment actions, and
7) Real property title and boundaries actions

Question 4

After notice of intent to sue given to nursing home, how many days must pass before suit?

Answer 4

75

Question 5

A voluntary binding arbitration decision may be appealed within ____ days.

Answer 5

30

Question 6

Florida’s long-arm statute permits the exercise of personal jurisdiction over a nonresident when the cause of action arises out which acts?

Answer 6

1. Carrying on a business within Florida
2. Committing a tortious act within Florida
3. Owning, using, or possessing real property within Florida
4. Contracting to insure anything located within Florida at the time of contracting
5. Maintaining a domicile or residing in Florida prior to the action being filed (alimony, support, and property distribution issues)
6. Causing injury to a person in the state by an act or omission outside the state involving the solicitation or sale of services or products within Florida
7. Breaching a contract by failing to perform required acts within Florida
8. Engaging in sexual intercourse in Florida by which a child may have been conceived (paternity proceedings)
9. Entering into a contract that specifies that it is governed by Florida law and that the person agrees to Florida court jurisdiction.

Question 7

Are venue provisions in a contract for improvement to real property that require legal action involving a resident contractor, subcontractor, sub-subcontractor or material man enforceable?

Answer 7

NO they are VOID

Question 8

A party may amend a pleading once as a matter of course at any time before a responsive pleading is served. Once a response is served, the pleading may only be amended by

Answer 8

1. leave of court or
2. with the adverse party’s written consent

Question 9

When may an indemnity claim be filed?

Answer 9

Two options
1. cross-claim in a suit that arises from the same transaction or occurrence as the subject matter of the original transaction or
2. claim in a separate action

Question 10

What MUST a plaintiff do prior to filing civil claima gainst tortfeasor’s insurance carrier?

Answer 10

FIRST must obtain a judgment establishing the liability of a tortfeasor

Question 11

Can a plaintiff join an insurerer as a co-defendant?

Answer 11

NO
A plaintiff may not join a liability insurer to a civil action against a defendant insured by the company, regardless of the insurer’s or the defendant’s consent

Question 12

Can an expert witness not expected to testify at trial be deposed by the other party?

Answer 12

NO unless the party requesting discovery shows exceptional circumstances that make obtaining facts or opinions on the same subject impracticable by other means

Question 13

When must a party seek prior court approval of an examination?

Answer 13

When it is mental, no prior court approval needed to request physical examination

Question 14

Appeals for binding voluntary arbitration must be taken to which court?

Is the appeal limited?

Answer 14

1. CIRCUIT
2. Yes, limited to a review of the record
   * failure of arbitrator to comply with appropriate procedural and evidentiary rules
   * partiality or misconduct by the arbitrator that prejudiced any party’s rights and
   * results contrary to the United States or Florida constitutions

Question 15

Can an interlocutory appela be made for a denial of a motion to quash privileged testimony?

Answer 15

NO

Question 16

In Florida small claims case, when the plaintiff is pro se, can the opposing party conduct discovery wihtout leave of court?

Answer 16

No unless the plaintiff initiates it

Question 17

Describe the amendment rules

Answer 17

Parties are permitted to amend a pleading once as a matter of course:
* at any time before a responsive pleading—e.g., answer—is served or,
* if the pleading is one to which no responsive pleading is permitted AND the action has not been placed on the trial calendar within 20 days after the responsive pleading is served

Otherwise, a party may amend a pleading only
(1) by leave of the court or
(2) by written consent of the adverse party.

Question 18

If a plaintiff files a claim against a LLC, can the LLC owners intervene?

Answer 18

No not if they were not served personally

Question 19

Opinion work product related to the preparation of presentation of the case is never discoverable in Florida. And in depositions, an attorney may preserve this privilege by

Answer 19

instructing a deponent not to answer the question.

Question 20

An action may be declared complex at any time by any party or the court, upon its own motion, so long as

Answer 20

all defendants have been served and an appearance has been entered in response to the complaint by each party or a default judgment entered

Question 21

After an interested party, the court, or the clerk of court serves a notice of a lack of record activity for 10 months in a matter, the case will be dismissed without prejudice for failure to prosecute if no record activity occurs within

Answer 21

60 days following the service of such notice

Question 22

Motion for remittur is improper when

Answer 22

It is improper to seek remittitur:
* to argue jury improperly apportioned damages between parties having comparative degrees of fault or
* because a trial judge simply does not agree with the amount of damages awarded by the jury.

A motion for remittitur asks the court to reduce an excessive-damages verdict by challenging the amount of damages awarded by a jury.