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FLORIDA Civ Pro > Florida Civ Pro > Flashcards

Florida Civ Pro Flashcards

1
Q

What activities subject a person to Florida’s Long Arm Statute

A
  1. Doing biz in FL
  2. Doing a Tort in FL
  3. Owning, possessing, using real prop in FL
  4. K to insure person, property, risk in FL
  5. In c/a for alimony, support, distribution of prop. JX= person has house in FL @time action is filed OR lived here b4 the action filed.
  6. Causing injury in FL by act/omission outside state, if injury the non-resident D was involved in solicitation/distribution of products in FL
  7. Breaching a K that req. performance in FL
  8. Paternity c/a: Sex in FL that conceived child
  9. K specifies FL law will govern and D agrees to FL JX
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2
Q

For equitable actions (injunctions) the circuit courts has exclusive jurisdiction for claim in which the value of the injunction is…….

A

Greater than $15,000

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3
Q

Which cases does the circuit court and county court have concurrent jurisdiction

A
  1. Landlord-Tenant for $15k or less
  2. Actions seeking to possess real prop when valued in excess of $15k
  3. Any disputes involving HOA of any $
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4
Q

How many days does plaintiff have from filing the complaint to formally serve a defendant

A

120 for FLORIDA

90 days for Federal

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5
Q

Besides a sheriff, who can serve a person

A

Any person who doesn’t have an interest in the subject mattter of the case who is:

  1. At least 18
  2. Competent
  3. Resident of FL
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6
Q

Three kinds of service

A
  1. Personal- Physical delivery to D
  2. Substitute- giving to someone authorize (i.e. lawyer)
  3. Constructive- via publication
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7
Q

How do you serve a sole proprietor of a business?

A

Same as a natural person OR you can serve them at their place of business

If you have unsuccessfully served them TWICE you can serve him by substitute service by serving the person in charge of the business at the time of service (manager)

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8
Q

How do you serve a partnership

A

Serving any partner. If ONE unsuccessful attempt, you can serve any person in charge but has to be during biz hours

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9
Q

What is the cascading order of persons you serve in order to serve a corporation

A
  1. Prez, VP, other head
  2. Cashier, treasurer, secretary, general mgr
  3. Director
  4. Officer or biz agent of corp in FL
  5. In FL, a corp may have a registered agent. You can serve the registered agent. If NO registered agent, then
  6. Any employee at corps PPOB

*If a corp has substantial and not isolated activities in FL, or an office in FL where they do biz, then service on any officer or biz agent while they are doing biz in FL even if the biz doesnt relate to the c/a

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10
Q

in FLORIDA, after initial service of process, subsequent service of docs is by_____

A

Electronic means

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11
Q

Email is treated as service by regular mail, that means that once a person is served by email they have _______ extra days to respond when served by email, UNLESS_________

A

5 extra days to respond UNLESS they are ALSO hand delivered the papers then they dont get those extra 5 days

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12
Q

Requirements for change of venue motion

A
  1. Verified
  2. Made within 10 days of s/p

*There is a presumption against change of venue

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13
Q

Ground for a motion for change of venue and time limit to do so

A
  1. OC has undue influence over county residents
  2. Party who wants the change is so disliked that he cant get a fair trial
  3. Impractical to get a fair jury in county

Gotta do no less than 10 day after any motion directed to the last pleading have been resolved (if none, then 20 days after service of last pleading) unless good cause is shown for failure to file.

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14
Q

What 2 types of factors do courts look at when considering whether to transfer the venue to another county

A

Private factors: where evidence and witnesses are

Public factors: interest of justice, interest of respective counties

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15
Q

What is a reply

A

Responds to affirmative defenses asserted in an answer

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16
Q

What must a pleading that asserts an claim for relief include?

A
  1. Short, plain statement showing that the court has JX unless the court already has JX and doesnt need new grounds (i.e. counter claim)
  2. A short and plain statement of the ultimate facts showing the pleader is entitled to relief (I was a guest at a hotel operated by D, D had a duty of care… )
  3. A damand for relief being sought (no specific $ require)

*** FL is diff from Fed. Fed=notice pleadings. FL=Ultimate facts that make out the elements

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17
Q

What two causes of actions must be pled with specificity?

A

Fraud and special damages

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18
Q

In FLORIDA a person may not claim punitive damages in the original complaint or counter claim. Instead, the party must

A
  1. Ask for permission to amend the complain to add the claim for punitive damages; and
  2. Submit prima facie evidence that they would be entitled to punitive damages
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19
Q

What does a motion to strike seek to do?

A

Remove from a pleading any matter that are redundant, immaterial, or scandalous.

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20
Q

What are the different kinds of pre-answer motions to dismiss?

A
  1. Lack of SMJ
  2. Pack of PJ
  3. Improper venue
  4. Insufficient process (docs defective)
  5. Insufficient service of process
  6. Failure to state a c/a (i.e elements missing)
  7. Failure to join an indispensable party
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21
Q

Consolidated motion rule

A

If the D makes a pre-answer motion, it must include any of the grounds in the pre-answer motion

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22
Q

What are the 3 defenses that you lose if you dont raise them in the pre-answer motion or the answer.

A
  1. Lack of PJ
  2. Improper venue
  3. Insufficient s/p
  4. Insufficient process
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23
Q

What is interpleader

A

When a disinterested party is a stake holder of property and wants to know who to give the property to when there are competing claims for the property (example: money)

(Ex: insurance company trying to figure out who to pay the life insurance proceeds to)

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24
Q

Intervention

A

Intervention: allows a person outside of the litigation to force his way into the case when he has an interest in the pending litigation and his rights could be affected by the outcome

Can make motion to intervene at any time

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25
Q

Interpleader

A

A party is a stakeholder and could face multiple liability if the stake (the property, money, etc) is given to the wrong party. Stake holder is disinterested party, doesnt care who gets the stake just want to know who the rightful claimant is.

26
Q

Impleader

A

Allows a defendant to bring a new party into the lawsuit assert a claim against that party.

Defendant is now a 3rd party plaintiff and new party is a 3rd party defendant

27
Q

What are the 4 requirements for a class to be certified by a court

A
  1. Numerosity: So many ppl it’s impractical for joinder of all members
  2. Commonality: Question of law or fact that is common to the members of the clas. Not identical just a common element.
  3. Typicality: Whether the class REP’s claim is typical of the claims of the class. Rep and class members claim must be sufficiently alike.
  4. Class representative: must fairly and adequately rep the class members interest
28
Q

B1 class action

A
  1. Individual lawsuits could subject the D to inconsistent obligations
  2. LImited funds. Non-class adjudication would dispose or affect the claims of the other class members

Ex: 10 beneficiaries of a trust. Litigation of 1 beneficiary affects what the rest will get. Gotta do it all together

29
Q

B2 class action

A

When the party opposing the class (the D) has acted or refused to act on grounds generally applicable to the class as wa whole (injunction is sought)

Ex: School segregation litigation

30
Q

B3 class action

A

Usually just for $
Class action is superior to other available methods for fair and efficient adjudication of the claim
(Buzz words: Predominance and Superiority )

Notice to each party and opportunity to opt out is required, unlike b1 and b2. P must pay cost of notice

31
Q

A lawyer at a depo may only tell a witness not to answer a questions in 3 circumstances:

A
  1. To preserve a privilege
  2. Enforce an existing court ordered limitation on discovery (i.e. protective order)
  3. To present a motion to limit or terminate the depo
32
Q

In general, a plaintiff may not take a deposition within ______ days of the service of process on the defendant without a court order.

A

30

33
Q

unless a judge grants an exemption for good cause, how many days does a party have to answer interrogatories?
How many days if the interrogatories were served WITH the original complain?

A

30 days if served without complaint

45 days if served with the complaint

34
Q

How do you get a non-party to produce documents

A

Subpoena, but you must provide other parties with a 10 day notice prior to service w/subpoena or 15 days if serving subpoena is by mail

35
Q

How many days does a party have to respond to a mental or physical examination

A

30 days

45 if served with complaint.

36
Q

Any order concerning the pre-trial conference must be served on the parties at least ______ days before the hearing

A

30 days before the hearing, but more time allowed if served by mail.

37
Q

Within _____ days of the date the court designates the matter as “complex” the court must hold the initial case management conference

A

60 days

38
Q

At least ____ days after the initial case management conference, the attorneys must meet and confer

A

20 days

39
Q

no later than ______ days before the initial case management conference, the parties must submit a written report to the judge.

A

14 days

40
Q

Unless a judge grants an exemption for good cause, a party is limited to how many interrogatories

A

30

41
Q

A movant of summary judgment must serve the motion with copies of the summary judgment evidence at lease ______ days prior to the hearing on the motion

A

20 days

42
Q

The OC must serve copies of any summary judgment evidence it will submit in OPPOSING the motion on the movant….

A

5 days before the hearing if it is mailed.. or

By 5:00pm 2 days before the hearing if hand delivered.

43
Q

What are the requirements for offer and demand for judgement

A
  1. Offer in writing
  2. Mention the offer is being made pursuant to Fl law authorizing offers and demands
  3. Mention any conditions
  4. The $ amount
  5. Any punitive damages part of the offer
  6. Whether amount proposed includes atty fees
  7. Certification of service
44
Q

What must a movant establish to get a temporary injunction

A
  1. Likely to prevail on the merits
  2. W/o injunction the party will suffer irreparable harm that $cant compensate
  3. balance of harms: movant willl suffer more harm if injunction is not granted than D will suffer if it is granted
  4. Granting it would serve public interest
45
Q

How many days does a party have to move for a renewed directed verdict?

A

Within 15 after of the verdict

46
Q

How many days does a party have to file a motion for attorneys fees and costs

A

30 days after entry of judgment

47
Q

How long do you have to file a motion for a new trial

A

No more than 15 days after the jury verdict, same time for filing a motion to set aside the verdict

Sua Sponte or non-jury trial= 15 days from day of judgment.

48
Q

How long do you have to file a notice of appeal

A

30 days from judgment or order to be reviewed on appeal. File it in trial court

49
Q

Time to file your answer after being granted a motion for more definite statement

A

10 days not counting the day you received the more definite statement

50
Q

The Florida Supreme Court has MANDATORY Appellate review for what kinds of cases

A
  1. Decisions of DCA’s declaring state stature or FL Const. Provision invalid
  2. FJ’s for bonds or certificates of indebtness
  3. Actions re: state utilities rates (gas,phone)
  4. FJs of Death Penalty
51
Q

When does the FL Sup Ct have discretionary appellate review

A
  1. Any decision from DCA declaring state statute or FL/Fed Const valid
  2. DCA decisions affecting class of Const. Or State officers
  3. Decision of DCA that conflicts w/ other DCA or Sup Ct of same question of law
  4. Question certified by DCA of great public importance or direct conflict w/ other DCA
  5. Order or judgment of trial ct certified by DCA where appeal is pending and is great public importance/ proper admin of justice
  6. Question of law certified by USSC or US Ct App. Where there is no controlling precedent in Fl Sup Ct.
52
Q

DCA’s must review by appeal what kinda of final orders

A
  1. Final order of trial courts not directly reviewable by the Sup Ct or a circuit court including county final orders declaring invalid a state statute or provision of Fl Const.
  2. Administrative actions
53
Q

What are the non final orders from the circuit courts that the DCA must review on appeal?

A
  1. Venue
  2. Injunctions
  3. PJ
  4. Rights to immediate possession of prop
  5. $ relief or child custody in Fam Law
  6. Entitlement to arbitration or appraisal under an insurance policy
  7. Decision of not being entitled to workman’s comp immunity
  8. Decision that class SHOULD be certified
    • but not if decision was that it shouldn’t be
  9. Decision of no absolute or qualified immunity in Fed law civil right claim
  10. Decision of govt entity taking action that inordinately burdened real private prop
  11. Grant or deny of appointment or receiver or terminate receivership.
54
Q

What kinds of cases does the county courts have original JX

A
  1. Misdemeanors
  2. Municipal and county ordinance violations
  3. Case w/ AIC less than $15k
  4. HOA disputes
  5. Simplied uncontested divorce
  6. Equity actions of less than $15k
  7. Right of possession of prop (evictions) BUT the Circuit and County courts have concurrent JX if AIC is more than $15k
55
Q

What kinds of cases do the county and circuit courts have concurrent JX

A
  1. Equity actions not more than $15k
  2. LL tenant cases not more than $15k
  3. Right to possess prop AIC < $15k
  4. Disputes over HOA
56
Q

What are the factors to establish personal JX in FL

A
  1. Domiciled in FL
  2. Consents to JX
  3. Makes general appearance in action
  4. Corporation incorp. In FL
  5. Foreign corp w/ place of biz in FL
  6. Continuous and systematic activity in FL
    7 Forum selection clause in a contract
57
Q

Parties to a K may confer to PJ in FL courts if the K includes what?

A
  1. Choice of law provision designating FL as governing law
  2. Provision where non-resident agrees to submit to FL JX
  3. Consideration of not less than $250k
58
Q

If a foreign corporation has president, vice prez, or other head in the state, then how can service be made in FL on the corporation?

A

You can serve any agent transacting business for it in FL

59
Q

What must a motion for change of venue include

A
  1. Must set forth all the facts that the motion is based on

2. Support by affidavit of at least 2 people not related to D or attorney

60
Q

How many days do you have to serve a motion to dismiss based on forum non convenience?

A

No later than 60 days after service for process on the moving party.

61
Q

Define Standing

A

A sufficient stake in an otherwise justiciable controversy to obtain judicial resolution of that controversy

AKA: “sufficient interest in outcome of case”

62
Q

What are the pre-requisites for a class

A
  1. Numerous claimants. Impractical for joinder

2. Common question of law or fact. No. Need to be identical, just has to have some common element.

FLORIDA Civ Pro (1 decks)

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