FL Civ Pro CMR Flashcards

Question

Defendant's Response (either by motion or answer)

Answer 1

To avoid default, the defendant must respond within **20 days** of being served with process. She has a choice of how to respond, either by motion or by answer.

Answer 2

A motion for more definite statement, when a pleading is so vague that the defendant can’t frame a response A motion to strike, which pares out immaterial allegations, cheap shots, and so on. Any party may make a motion to strike at any time

Answer 3

* Lack of SMJ * Lack of PJ * improper venue * insufficiency of process (problem with the summons and copy of complaint) * insufficient service of process * a failure to state a cause of action on which relief can be granted * a failure to join an indispensable party

Answer 4

* lack of PJ * improper venue * defects in service of process Must be in first defensive response (an answer or request to the court for affirmative relief)

Answer 5

the answer is a pleading. the D may decide not to file a pre answer motion or her pre answer motion may be denied. In either event, she will have to answer or risk default.

Answer 6

the defendant must serve the answer no later than 20 days after service of process if no motions are filed. If a motion is made and denied, the D must answer within 10 days after the court's order on the motion.

Answer 7

he has admitted it.

Answer 8

defendant must also raise affirmative defenses, for example, the expiration of the statute of limitations, assumption of risk, a lack of legal capacity, comparative negligence, a lack of capacity to sue or be sued, res judicata, and the answer.

Answer 9

If the answer contains an affirmative defense which plaintiff wishes to avoid, he does so in a “reply.” The plaintiff must serve the reply within 20 days after service of the answer. If the plaintiff just wishes to deny allegations of the defendant’s answer, he need do nothing.

Answer 10

A counterclaim is a claim against an opposing party, for example, a claim by the defendant against the plaintiff. A counterclaim is part of the defendant’s answer, labeled as “counterclaim.” The defendant serves the answer containing the counterclaim on plaintiff’s lawyer if she has one; other- wise, if she has no lawyer (that is, she is proceeding “*pro se*”), it’s served on the plaintiff. The court can order service on the plaintiff even if she has a lawyer.

Answer 11

A compulsory counterclaim arises from the same transaction or occurrence (“T/O”) as the opposing party’s claim. Why is it “compulsory?” Because it must be filed in the pending case. The failure to do so waives the claim; it can’t be asserted in another case. It’s the only compulsory claim. No other claim is compulsory. compulsory= mandatory

Answer 12

A permissive counterclaim doesn’t arise from the same T/O as claimant’s claim, so it doesn’t have to be filed in the same case. If the defendant files a permissive counterclaim, what must the plaintiff do? She must respond within 20 days of service of the counterclaim.

Answer 13

A cross-claim is a claim against a co-party. It must arise from the same T/O as the original claim or counterclaim (under- lying suit). Must a party file a cross-claim? No. Cross-claims are never compulsory.

Answer 14

only once before the D serves their answer. The defendant has a right to amend **once** within 20 days of serving his answer. Remember, a motion is not an answer. What if the defendant hasn’t served an answer, but has brought a motion? Would the plaintiff still have a right to amend? Yes. A motion is not an answer.

Answer 15

Respond within 10 days of service.

Answer 16

A court order is required if the plaintiff wants to take the deposition less than 30 days after serving the complaint unless (1) the plaintiff’s notice states that the person to be deposed is about to leave the state and won’t be available after the 30 days or (2) the defendant has already taken a deposition

Answer 17

To impeach the deponent For any purpose if the deponent is an adverse party For any purpose if the deponent (regardless of wheth- er a party) is dead, ill, over 100 miles from the site of trial, or beyond the subpoena power of the court (unless the party seeking to introduce the evidence procured the absence)

Answer 18

``` The basics of interrogatories are the same as in federal court. They are answered in writing under oath within 30 days after service (45 days if the interrogatories accompany the complaint). ``` What is the limit on the number of interrogatories (including subparts) a party may serve on another? 30.

Answer 19

The receiving party responds in writing within 30 days (45 days if the request accompanies complaint), either agreeing to furnish material or objecting. Need subpoena if request to produce is to a non-party

Answer 20

to issue a subpoena, notice must be given to all parties of the request for subpoena at least 10 days before the subpoena is issued (at least 15 days if the notice is sent by snail mail). If a party objects, no production is ordered. In that case, what can the party seeking discovery do? (1) Move for a ruling on the objection; or (2) take the nonparty’s deposition, using a subpoena *duces tecum*, which requires the deponent to bring requested materials with her.

Answer 21

The party being examined must respond in writing within 30 days (45 days if request accompanies complaint), either agreeing to the exam or stating objections.

Answer 22

if the condition in controversy is not physical (for example, mental health or blood group in paternity case), examination is available only on motion. The party seeking the examination must show good cause for it.

Answer 23

the person examined may get a copy of the report by asking for it, but doing so waives his privilege on reports by examining physicians the person has seen or will see.

Answer 24

As in federal court, a request for admission is a request by one party to another party to admit the truth of any discoverable matters. Failure to deny is tantamount to an admission. Are admissions binding in other litigation? No, they are binding only in the present case. A party must respond to the request for admission within 30 days (45 if the requests accompany complaint), either admitting, denying, or objecting. The party can indicate lack of information only if they have made a reasonable inquiry. What is the maximum number of requests for admission that may be served on a party (unless the parties agree to more or the court orders more for good cause)? 30.

Answer 25

There is no duty to supplement one’s answers in discovery if the answers were complete when made. (Different from federal court.)

Answer 26

party may discover anything that is “relevant” to the subject matter of the case. This means anything “reasonably calculated to lead to admissible evidence,” which, as in federal court, is broader than what is “admissible.”

Answer 27

Privileged matter is not discoverable. But the party claiming privilege must assert the privilege expressly and describe the materials in detail (in a “privilege log”).

Answer 28

Inadvertent disclosure of privileged material doesn’t waive privilege if the party producing it serves a written notice within 10 days of discovering the disclosure. She must specify the materials, the privilege, and the date on which the inadvertent disclosure was made. The other party must return, sequester, or destroy the material, but he can then challenge the assertion of privilege.

Answer 29

Because Florida doesn’t have required disclosures, we must request discovery of the facts known by and opinions of any experts retained in anticipation of litigation.

Answer 30

If the expert is expected to testify at trial: you can send interrogatories to the other party, seeking what about expert witnesses? (1) Her name; (2) the substance of the facts and opinions held by the expert; and (3) the grounds for her opinions. You may also ask the party about the party’s relationship with that expert, for example, compensation, time retained. Then, after the interrogatories are answered, what do you do? You may take the expert’s deposition. Do you need a court order to take the expert witness’s deposition? No, but you will subpoena the expert and pay a reasonable fee for the expert’s time.

Answer 31

What if the expert is **not** expected to testify at trial? There is no discovery absent exceptional need (that is, the information is not available anywhere else). So it is difficult to get discovery from such a “consulting expert.”

Answer 32

**Responding Party Seeks Protective Order** The responding party may seek a protective order when, for example, the request is over burdensome or ESI is not reasonably accessible. **Partial Failure to Respond** A partial failure occurs when the responding party responds, but not fully. At worst, if her objection to discovery is no good, this is a partial failure, so we expect a light sanction. **Total Failure to Respond** A total failure occurs when the responding party willfully refuses to attend deposition, to be sworn for deposition, or to respond to valid discovery request. This is a total failure so we expect a heavy sanction. **Failure to Respond to Request for Medical Exam** How do we treat failure to respond to request for medical exam? It’s treated as a partial failure.

Answer 33

Merits sanctions may be imposed only after opportunity to be heard. Merits sanctions include: An establishment order (that establishes facts as true) Striking the pleadings of a disobedient party as to the issues contained in the discovery Staying proceedings until discovery is given Disallowing evidence by the disobedient party at trial Contempt. But contempt is never available for what? A refusal to submit to a medical examination Dismissing the plaintiff’s case or entering a default judgment against defendant, but this can be done only if an express written finding of willful or deliberate refusal to obey a discovery order is made

Answer 34

Persons may join as plaintiffs if they have a common interest in the subject of the action or the relief requested; however, persons who have separate and independent causes of action against the same defendant may not join together as plaintiffs even if the causes of action arise from the same T/O and present common questions of law or fact. There is an exception: spouses and their children may join. here is a special rule in tort cases: Spouses or parents and their children may join in tort cases. May the plaintiff(s) sue the taxi driver and the cab company as co-defendants? Yes, because they each have “an interest adverse to the plaintiff.” This is very broad and vague. Does this include joint or several liability? Yes.

Answer 35

Some absentees (“A”) ought to be joined because they have some relationship with the action. Take it in three steps: **Is it necessary?** A is necessary if: (1) without A, the court may not be able to accord complete relief (worried about multiple suits if we don’t bring in A), or (2) A’s interest may be harmed in a practical way if she isn’t joined. If either of these is met, the court should order joinder of A. Note that it’s rare in tort cases to have a necessary absentee. **Can you be joined?** The answer is yes if there is PJ over you. If so, the court will order joinder. **If Joinder Not Possible, Can Case Proceed?** If A (you in this hypo) cannot be joined, then the court must decide either to (1) proceed without you or (2) dismiss the whole case. The court has great discretion on this point. If the court decides to dismiss rather than proceed without A, what do we call A? Indispensable**.**

Answer 36

Now A (absentee) wants to join a pending suit. When A has an interest in the pending litigation that would be affected by a judgment, joinder (intervention) is allowed in the discretion of the court. The intervenor waives any objection to PJ.

Answer 37

As in federal court, if a defending party adds a new party, the new party is the third-party defendant (“TPD”). A TPD is or may be liable to the defending party for all or part of the underlying claim. So the defendant seeks indemnity or contribution from the TPD. What might this be called instead of impleader? Third-party practice.

Answer 38

There is a right to implead within 20 days of serving your answer. After that, you need court permission. ## Footnote the TPD can assert a claim against the plaintiff (and the plaintiff can assert a claim against the TPD), as long as the claim arises from the same T/O as the underlying case.

Answer 39

Interpleader is a device by which one holding money or other property can force all potential claimants into a single lawsuit. The idea is to avoid multiple litigation and the possibility of inconsistent results. The person with the property is called the “stakeholder.” People who want the stake are called the “claimants.” So the stakeholder wants to force all the claim- ants into a single case.

Answer 40

The initial requirements in Florida state court are the same four requirements as in federal court: (1) numerosity, (2) commonality, (3) typicality, and (4) adequate representation.

Answer 41

The court gives individual notice to all class members reasonably identifiable. Notice must inform the class members that: (1) they can opt out of the class action; (2) they will be bound by the judgment if they do not opt out; and (3) they can enter a separate appearance in the case through counsel. In federal court, this notice was required only for a Type 3 class action. What about in Florida state courts? Notice is required in all class actions, so class members can opt out of all 3 types. Who pays to give this notice? The class rep.

Answer 42

Can the parties voluntarily dismiss or settle a certified class action? Only with court approval. In deciding whether to approve voluntary dismissal or settlement of a certified class action, the court gives notice to all members. The court can consider their feedback in deciding whether to allow voluntary dismissal or settlement.

Answer 43

A voluntary dismissal by notice is **not** available: (1) if the case has been submitted to the trier of fact or if a motion for summary judgment is presently pending; (2) if property was seized or in court custody; or (3) if there is a counterclaim in the case which cannot stand for independent adjudication. Now assume that no property is seized and no counterclaim is pending. Before trial, a party moves for summary judgment and it is denied. Can the plaintiff now file a notice of dismissal? Yes, because a motion for summary judgment is not pending. Even at trial the plaintiff can take a voluntary dismissal on the record so long as it is before the case is submitted to the trier of fact.

Answer 44

A voluntary dismissal by written stipulation is not available if property is in court custody.

Answer 45

A voluntary dismissal by court order is not available if there is a counterclaim in the case which cannot stand for independent adjudication. That means that there is a counterclaim that is inextricably linked with the claim to be dismissed.

Answer 46

The first voluntary dismissal is without prejudice, so the case can be refiled. When a claim is dismissed voluntarily, the defendant may be awarded costs.

Answer 47

A party against whom a claim is filed fails to plead or otherwise defend the action in the time allowed by law (generally **20 days**).

Answer 48

What’s the difference between entry of default and a default judgment? An entry of default is shown as an entry on the docket; the plaintiff, however, cannot collect any money on a default. The plaintiff needs a judgment to enforce and recover money or other relief. Entry of default is a prerequisite to default judgment.

Answer 49

An entry of default may be made by the clerk of the court if the defendant has filed no paper; if some paper has been filed, it must be entered by the judge. Either way, the plaintiff must make an application for entry of default. So entry of default is not automatic. Does the defendant get notice of the plaintiff’s application for default? Only if he has filed some paper.

Answer 50

Once default is entered, the defendant can’t answer or file a motion. Up until then, however, she can. (Even if that’s more than 20 days.)

Answer 51

Once default is entered, the defendant can’t answer or file a motion. Up until then, however, she can. (Even if that’s more than 20 days.)

Answer 52

A default judgment can be entered only by the judge and never by the clerk. The defendant gets notice of a hearing on damages. A default admits all well-pleaded allegations of liability but not damages. That’s why we have a hearing on damages.

Answer 53

After default but before judgment, the defendant can make a motion to set aside the default. He must show three things: (1) good cause for the default (for example, excusable neglect), (2) a meritorious defense, and (3) due diligence after learning of default. After entry of a default judgment, the defendant can make a motion to set aside the judgment (or for “relief from judgment”). Basically, the defendant must make the same showing as in a motion to set aside a default.

Answer 54

The grounds for involuntary dismissal are: **Plaintiff fails to prosecute**. If there is no record action (no court order, no motion, etc.) for 10 months (and the case is not stayed), the court or a party may certify that fact to all parties. If the plaintiff takes no record activity (or if no stay is entered) within 60 days after service of the notice, this motion can be made. In a motion for failure to prosecute, the court will dismiss unless the plaintiff does what? Shows good cause in writing at least five days before the hearing; Fails to comply with procedural rules or court order; Any of the defense motions for dismissal; Fails to show in a nonjury trial that she is entitled to relief. Functionally, this is the same as directed verdict for the defendant. Any involuntary dismissal is presumed to be with prejudice **unless** the court said otherwise or unless it was based upon jurisdiction, venue, indispensable parties, or failure to prosecute

Answer 55

Rule nisi is what most of the world calls an order to show cause. The court tells a party it will enter a particular order unless she convinces the judge (shows cause) not to

Answer 56

Scire facias is an order requiring one to show cause why some matter of record (like a judgment) should not be revived and enforced. Generally, a judgment is good for 20 years. If it has not been enforced and the 20 years expires, a writ of scire facias can revive the judgment.

Answer 57

A defendant can move to dismiss for failure to state a cause of action on which relief can be granted. Like the federal motion to dismiss for failure to state a claim under Rule 12(b)(6), the motion tests only the sufficiency of the plaintiff’s allegations of fact.

Answer 58

To win a motion for summary judgment, the moving party must show that: (1) there’s no genuine dispute on a material fact and (2) she is entitled to judgment as a matter of law. Remember, summary judgment weeds out cases that don’t need a trial. Why do we ever have a trial? To resolve disputes of material fact.

Answer 59

A party may move for summary judgment after 20 days from the commencement of the action or after service of a motion for summary judgment by an adverse party. The motion and any supporting material must be served together at least 40 days before the hearing on the motion. In turn, the party opposing the motion may serve its evidence 20 days before the hearing. NOTES

Answer 60

Any time after responsive pleadings or motions are due, the court may convene a case management conference on “reasonable” notice. At the conference, the court may consider scheduling, discovery, setting a trial date, narrowing issues for trial, and so on. It’s a blueprint for the overall case. Note that there are special management procedures for complex cases.

Answer 61

When the case is at issue, the court may (and must if a party requests) hold a pretrial conference. At least 20 days’ notice must be given. At this conference, the court may consider issues to prepare and simplify the trial, amending pleadings, limiting number of expert witnesses, stipulations, whether jurors will get notebooks with documents and exhibits, as so on. It’s a blueprint for the trial itself.

Answer 62

If a party fails to attend a conference, the court can take appropriate action, including award of “merits” sanctions. For the severest sanctions (striking pleadings, dismissal, or judgment), the court must find that failure to attend was willful.

Answer 63

An order will be entered after the pretrial conference. It controls future events unless amended to prevent manifest injustice. The order supersedes the pleadings.

Answer 64

With all of the parties’ permission, a circuit court may refer matters to a magistrate, who can hear and receive evidence as the court could. The magistrate files a written report with the court, usually setting forth findings of fact and suggested conclusions of law. The parties have 10 days after filing in which to serve objections to the magistrate’s report. The ultimate decision in the case is for the judge. General magistrates are selected from a list kept in each court. Special magistrates are appointed on a case-by-case basis and need not be members of the bar.

Answer 65

The presiding judge can order (or the parties can agree to) the use of mediation or arbitration. The first mediation or arbitration conference must take place within 60 days of the court order. The parties can move to dispense with ADR for good cause.

Answer 66

Mediation must be completed within 45 days of the first mediation conference unless extended by court order or stipulation of the parties. Discovery can continue during mediation unless the court orders or the parties stipulate otherwise. A party can be sanctioned for failure to appear unless the party shows good cause for the failure. The mediator reports to the court if the case cannot be settled. If settled, the settlement terms are put in writing and filed; the case is then jointly dismissed.

Answer 67

neutral arbitrator (or panel of three) listens to evidence and renders a decision. Arbitration must be completed within 30 days of the first arbitration hearing.

Answer 68

Nonbinding arbitration is very informal, with evidence mostly summarized by counsel. The arbitrator(s) send a written decision to the parties and the court, setting forth any conclusions and findings. The decision becomes final unless a party requests trial *de novo* within 20 days.

Answer 69

For arbitration to be binding, two or more adverse parties must agree to it, and they will enter into a written agreement setting out the hearing procedures. (If they don’t do so, the court can set the procedures.) A decision is sent to the parties and the court. The decision can be appealed to the circuit court within 30 days. If it’s not appealed, the decision becomes final. The grounds for appeal are narrow, for example, arbitrator misconduct or violation of the Constitution are grounds for appeal.

Answer 70

Voluntary trial resolution is similar to binding arbitration. The case is heard by an attorney with her decision being enforce- able in circuit court.

Answer 71

In a case for damages, the defendant can file a written offer to allow judgment against her for a certain amount. If the plaintiff **accepts** the offer within 30 days, the clerk enters a final judgment. If the plaintiff **rejects** the offer and the final judgment is in the defendant’s favor, or is in the plaintiff’s favor but is at least 25% less than the offer, the plaintiff is liable for the defendant’s attorneys’ fees and costs (including investigation expenses) incurred after the offer.

Answer 72

In a case for damages, the plaintiff can file a written demand for judgment in a certain amount. If the defendant **accepts** the offer within 30 days, the clerk enters final judgment. If the defendant **rejects** the offer and the plaintiff wins judgment at least 25% greater than the offer, the defendant is liable for the plaintiff’s attorneys’ fees and costs (including investiga- tion expenses) incurred after the demand.

Answer 73

The offer must state the total amount for claims being resolved and must state with particularity the amount offered to settle a claim for punitive damages.

Answer 74

The court may disallow an award of attorneys’ fees and costs if it determines that the offer was not made in good faith.

Answer 75

If parties stipulate to an expedited trial, discovery is completed in 60 days and trial is one day

Answer 76

A jury demand must be in writing and presented no later than 10 days after service of the last pleading directed to a jury triable issue.

Answer 77

Can a party withdraw its demand for a jury trial? Only if the other parties agree.

Answer 78

Does the Seventh Amendment apply in Florida state courts? No.

Answer 79

In civil cases, how many jurors are there? Six. But in eminent domain cases, how many jurors are there? 12.

Answer 80

How many peremptory challenges does each party get? Three, plus one for each alternate juror. If the number of peremptory challenges is not equal for each side (plaintiff and defendant), each side gets the higher number.

Answer 81

Can the jury be permitted to view premises or objects involved in the case? Yes, if it’s relevant to a just decision; the decision lays in the court’s discretion.

Answer 82

Directed verdict is an exceptional order, the effect of which is to take the case away from the jury. A motion for a directed verdict is like the motion for JMOL in federal court. NOTES

Answer 83

**Timing** You move for this after the other side has been heard at trial. So the defendant can move at the close of plaintiff’s case. Plaintiff can move only at the close of all evidence.

Answer 84

Making a motion for a directed verdict doesn’t waive the right to put on evidence, so the defendant need not reserve the right to put on evidence. The denial of the defendant’s motion also doesn’t discharge the jury.

Answer 85

The standard for a directed verdict is: Reasonable people could not disagree on the result. The court will view the evidence in the light most favorable to the nonmoving party. It will also take inferences in favor of the nonmoving party. **Similar Motion in Nonjury Trial** In a nonjury trial, the motion that does the same thing as a motion for directed verdict for the defendant is a motion for involuntary dismissal.

Answer 86

it is almost impossible to obtain a directed verdict.

Answer 87

A jury’s verdict (the jury’s finding) must be unanimous unless the parties agree otherwise. The verdict is approved by the judge and then read by the clerk. When a party is held liable for damages, the jury must itemize (meaning they must be stated separately in the verdict) the amounts to be awarded in three categories.

Answer 88

**Economic Loss:** Economic loss (for example, lost wages, medical expenses, etc.) both before verdict and to be incurred in the future. **Noneconomic Loss** Noneconomic loss (for example, pain and suffering, anguish) both before verdict and to be incurred in the future. Together, awards for economic and noneconomic losses are called what? **_Compensatory damages._**

Answer 89

Punitive damages (for intentional misconduct or gross negligence) must be shown by clear and convincing evidence. What is the general cap on punitive damages? Cannot exceed the greater of three times compensatory damages or $500,000. But there is no limit on punitive damages if the defendant had **specific intent to harm the plaintiff** or was **under the influence of alcohol or drugs**.

Answer 90

A party seeking judgment taxing costs or attorney’s fees (or both) must serve a motion within **30 days after filing of judgment.** The prevailing party must file with the clerk a final disposition form at the time the court files the judgment disposing of the case

Answer 91

A belated directed verdict is the same as a directed verdict, but later in the case. It’s like a federal renewed judgment as a matter of law (“RJMOL”).

Answer 92

A typical situation is: The jury returns a verdict for one party, and the other party files a motion for belated directed verdict, which, if granted, would result in entry of a judgment for the moving party. It must be in writing and filed and served within 15 days after return of verdict.

Answer 93

**Standard** The standard is the same as a directed verdict. So if granted, the court is saying that the jury reached a conclusion that reasonable people could not have reached. **Prerequisites** What is the absolute prerequisite to bringing a motion for belated directed verdict? The party wanting to move for belated directed verdict must have done what? He must have moved for directed verdict at a proper time at trial.

Answer 94

A motion for a new trial is used when something went wrong, so let’s start over. A verdict is returned or judgment entered, but errors at trial require a new trial.

Answer 95

The motion for a new trial must be in writing, filed, and served within 15 days after return of verdict (jury) or judgment (nonjury).

Answer 96

the grounds for a new trial are: (1) prejudicial (not harmless) error at trial makes judgment unjust (for example, a party didn’t get notice of the trial date; there was a wrong jury instruction or evidentiary ruling); (2) there’s new evidence that couldn’t have been discovered with due diligence for the original trial; (3) prejudicial misconduct of a party or juror (for example, a juror conducted an independent investigation of the accident scene) occurred; and (4) the judgment is against the weight of evidence (serious error of judgment by jury). The party should object to any event that will serve as a basis for a new trial at the time of the event.

Answer 97

The granting of a motion for new trial is less drastic. Why? It results in starting over, so the same party might still win. A belated directed verdict, on the other hand, takes a victory away from one party and gives it to the other party.

Answer 98

A motion for relief from judgment is the same as a motion to set aside a judgment. Clerical errors- any time Mistake, excusable neglect, surprise (must show viable defense)-Reasonable time (not exceeding one year) Fraud by opposing party- Reasonable time (not exceeding one year) Newly discovered evidence not previously available despite due diligence- Reasonable time (not exceeding one year) Judgment is void- Reasonable time (not max)

Answer 99

After a judgment is entered, the clerk may issue a document to the sheriff that he is to levy on the defendant’s property to satisfy the judgment. (Proceeding in aid of execution.) Execution is stayed for 15 days after entry of the judgment (to allow post-verdict motions). The stay pending disposition of such motions is automatic. A stay pending appeal is not automatic, and the party must file a supersedeas bond in the amount of the judgment plus 15%

Answer 100

Generally, appeals from final judgments from the county courts and circuit courts are to the district court of appeals, then to the Florida Supreme Court. Of particular note are: The appellant must file a notice of appeal in trial court within **30 days** after final judgment The appellant may raise issues on which they made timely objection at trial court The Florida Supreme Court has discretion to hear an appeal from the district court of appeals construing a state statute if there is a conflict of authority or the court expressly upheld validity of the statute The Florida Supreme Court must hear an appeal taken from a decision of a district court of appeals in which a state statute or a provision of the state constitution is declared invalid

Answer 101

Generally, a party can appeal only final judgments (ultimate decision by the trial court of the merits of the entire action). Ask: after making this order, does the trial court have anything left to do on the merits? If so, it’s not a final judgment. Are these final? The grant or denial of belated directed verdict? Yes. Ei- ther way, it’s final The denial of a motion for summary judgment? No. The trial court still has the case before it NOTES

Answer 102

These interlocutory orders may be appealed even though they’re not final judgments: Orders granting new trial Orders regarding injunctions Orders determining PJ or venue Orders regarding the right to immediate possession of property Orders on a distinct and separable claim

Answer 103

a civilian appointed to serve process

Answer 104

a demand for damages

Answer 105

an order to show cause why the court should not order something

Answer 106

a specialized order to revive expired judgment

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