Florida Civil Procedure

Question 1

What are the 4 types of cases the Florida Supreme Court is required to hear appeals from? (Mandatory Appellate Review)

Answer 1

1. District court decisions declaring a state statute or provision unconstitutional,
2. Judgments on bonds and certificates,
3. Review of statewide agency actions relating to rate or services of utilities, and
4. Death penalty decisions

Question 2

What discretionary appellate cases may the Florida Supreme Court review?

Answer 2

1. Other district court of appeals decisions,
2. Trial court orders certified to be of great public importance, and
3. Questions of law certified by a federal court

Question 3

What are the different types of courts in Florida?

Answer 3

1. Supreme Court of Florida
2. District Court of Appeals
3. Circuit Courts
4. County Courts

Question 4

In what type of cases do Circuit Courts and County Courts have concurrent jurisdiction?

Answer 4

1. Equity cases and landlord cases up to $15,000

2. Cases involving the right to possess real property in excess of $15,000 (e.g. quite title cases)

Question 5

Without the long-arm statute, personal jurisdiction is generally established over:

Answer 5

1. Florida residents who are domiciled in the state
2. Physical presence or consents to make a general appearance
3. Corporations who are incorporated or have their principal place of business in Florida
4. Those who engage in continuous and systematic activities in Florida

Question 6

What is the two-prong test to determine whether a non-resident is subject to jurisdiction in Florida?

Answer 6

1. Long arm statute: minimum contacts (such as breaching a contract, committing a tort, conducting business, etc)
2. Due process: cannot offend traditional notions of fair play and substantial justice

Question 7

Timing deadlines for settlement offers to P vs. D

Answer 7

1. Offers to D must be served at least 90 days after service of process
2. Offers to P must be served at least 90 days after action commenced

Question 8

Requirements of the contents of settlement offers

Answer 8

1. Must be in writing
2. Must identify applicable Florida law
3. Must include names of parties,
4. claims being resolved,
5. any relevant conditions,
6. total amount and non-monetary terms,
7. amount of punitive damages (if any)
8. attorney’s fees, and
9. certificate of service.

Question 9

How many days notice must an acceptance to a settlement offer be made?

Answer 9

30 days

Question 10

What party is liable for the legal costs and attorney’s fees from a settlement offer?

Answer 10

If D makes good faith offer but P rejects, then D is entitled to reasonable costs if judgment is no liability (wins) or at least 25% less than the offer.
If P makes good faith offer but D rejects, then P is entitled to reasonable costs if judgement is at least 25% greater than the offer

Question 11

What is a deposition?

Answer 11

A deposition is a discovery device by which a party may require another person–either a party or a non-party to answer questions under oath.

Question 12

What is a compulsory counterclaim?

Answer 12

A compulsory counterclaim is a claim against an opposing party that arises out of the same transaction or occurrence that does not require additional parties outside the court’s jurisdiction.

Question 13

A claim that would otherwise be considered a compulsory claim, is not if: (2 instances)

Answer 13

1. If, at the time the claim is made, it is already in litigation elsewhere
2. the opposing party is in rem and the D is not asserting any other counterclaim