Florida Civil Procedure Missed Questions

Question 1

T/F: County courts and circuit courts have concurrent jurisdiction over claims in excess of $15,000.

Answer 1

FALSE

Question 2

T/F: With regard to subject matter jurisdiction in the Florida courts, A plaintiff can add together the value of more than one claim in order to reach the jurisdictional threshold, but only if the claims arise from the same transaction.

Answer 2

FALSE

Question 3

T/F: The plaintiff has 120 days from the filing of the complaint to effect formal service, unless service is waived.

Answer 3

TRUE

Question 4

Under Florida law, in an action against a corporation, in which of the following places is venue LEAST LIKELY to be appropriate?

The county in which the cause of action accrued

If the corporation is a Florida corporation, the county in which it has an office for the transaction of its business

For non-Florida corporations, the county in which the corporation maintains its principal headquarters

In the county in which a non-Florida corporation has an agent or other representative

Answer 4

Correct Answer: For non-Florida corporations, the county in which the corporation maintains its principal headquarters

Question 5

T/F: The doctrine of forum non conveniens allows the court to dismiss a matter on the ground that there is a more convenient place for the litigation outside of Florida.

Answer 5

TRUE

Question 6

T/F: A counterclaim is compulsory if at the time the action is commenced that claim is already in litigation elsewhere.

Answer 6

FALSE

Question 7

T/F: In Florida, A temporary injunction may never be issued ex parte.

Answer 7

FALSE

Question 8

T/F: With regard to a medical malpractice claim under Florida law: After notice, the potential defendant and/or its insurer is required to conduct its own investigation within 60 days after the notice is sent to conduct this investigation.

Answer 8

FALSE

Question 9

Define: Interpleader

Answer 9

“Interpleader allows a disinterested stakeholder to sue multiple claimants in order to avoid multiple inconsistent judgments.”

Question 10

Which of the following class action groups is not deemed appropriate under Florida law?

A
A “limited fund” class when non-class adjudication would practically dispose of the claims of other class members or impair their ability to protect their interest.

B
Individual adjudications could establish incompatible standards of conduct for the party opposing the class.

C
When the party opposing the class has acted or refused to act in a way common to the class and the relief sought is for monetary damages.

D
The court determines that questions of law or fact common to the class predominate over individual questions, and the class action is superior to other available methods for fair and efficient adjudication of the claim.

Answer 10

When the party opposing the class has acted or refused to act in a way common to the class and the relief sought is for monetary damages.

Question 11

Which of the following requires a court order before use in a deposition?

A
Telephone

B
Court reporter

C
Stenographer

D
Videotape

Answer 11

Telephone

Question 12

T/F: Regarding Florida Depositions- After an objection, the witness at deposition is generally not required to answer the question.

Answer 12

FALSE

Question 13

Which of the following is TRUE under the Florida Rules of Civil Procedure regarding summary judgment?

A
Summary judgment must be granted if there is no genuine issue of material fact in the case.

B
In determining whether to grant summary judgment, the court looks only at the pleadings that have been filed in the case.

C
The summary judgment movant bears a heavy burden.

D
Summary judgment is about weighing facts and deciding who is likely to win; it is not about determining whether either side could win.

Answer 13

The summary judgment movant bears a heavy burden.

Question 14

T/F: When a party ignores a request for discovery, and the court grants a motion to compel, the court can hold the party in contempt.

Answer 14

FALSE

Question 15

T/F: The court must hold an initial case management conference within 60 days from the date of an order declaring an action “complex.”

Answer 15

TRUE

Question 16

T/F: Both a default and a default judgment that has been entered may be set aside by the court under the Florida Rules of Civil Procedure.

Answer 16

TRUE

Question 17

T/F: A matter cannot be voluntarily dismissed when property has been seized or is in court custody.

Answer 17

TRUE

Question 18

Plaintiff sues defendant in the county court alleging breach of contract. Plaintiff’s complaint alleges damages over $ 5,000 but less than $ 15,000. Defendant, in his answer, serves a counterclaim arising out of the same transaction or occurrence as the plaintiff’s original suit. Defendant’s counterclaim alleges over $ 15,000 in damages. Which of the following correctly states the law in regard to this situation?

Answers:

The case should remain in county court because the original complaint alleged damages to be less than $ 15,000.

The counterclaim would need to be transferred to circuit court and plaintiff’s breach of contract case would need to remain in county court.

Defendant should file a motion to transfer and if the court determines the counterclaim alleges a valid and enforceable cause of action, the entire action should be transferred to circuit court.

Because defendant’s counterclaim alleged greater than $15,000 in damages, the defendant was required to file a separate complaint in circuit court along with a motion to consolidate cases.

Answer 18

Correct Answer: Defendant should file a motion to transfer and if the court determines the counterclaim alleges a valid and enforceable cause of action, the entire action should be transferred to circuit court.

Answer choice C is correct. Fla. R. Civ. Pro. 1.170(j), states that if the demand of any counterclaim exceeds the jurisdiction of the court in which the action is pending, the action shall be transferred forthwith to the court of the same county having jurisdiction of the demand in the counterclaim. Also, a motion to transfer should be served by the pleader making the demand exceeding the jurisdiction. Thus, answer choices A, B, and D are incorrect.

Question 19

On Friday, March 1st, a court granted Defendant’s motion for a more definite statement. Plaintiff served a more definite statement by email on Monday, March 4th. Defendant must serve his answer

Answers:

on or before Monday March 11th.

on or before Thursday March 14th.

on or before Tuesday March 19th.

on or before Monday March 25th.

Answer 19

on or before Tuesday March 19th.

Where a defendant files a motion for a more definite statement, the plaintiff has to serve a more definite statement within 10 days of the court’s ruling.

Upon service of the more definite statement, the defendant has 10 days in which to serve an answer. The day of service of the more definite statement is not counted, but any intervening weekend days and legal holidays are counted where the period in which to act is at least seven days.

In addition where service is made by mail or email, an extra five days is added to time in which to respond. Here, Plaintiff served the more definite statement on March 4th.

Ten days after service, not counting the day of service, is March 14th. Adding five days to March 14th, since service was by email, results in Defendant’s response being due no later than Thursday March 19th. (Note: There is no further extension, since this day is not a weekend day or a holiday.)

Question 20

A plaintiff filed a complaint against a defendant for breach of contract. After answering the complaint, the defendant died. The plaintiff’s cause of action survived the defendant’s death. The court appointed a personal representative of the defendant’s estate, and that personal representative filed a statement of the defendant’s death with the court. With regard to the action brought against the defendant, the plaintiff

Answers:

Must file a motion to dismiss the complaint against the deceased defendant and file a new complaint against the defendant’s estate.

Should file a motion to substitute the personal representative in his representative capacity as the proper party.

Should implead the personal representative in his representative capacity.

Need take no action because the personal representative is automatically substituted for the deceased defendant.

Answer 20

Correct Answer: Should file a motion to substitute the personal representative in his representative capacity as the proper party.

In general, a party has 90 days after notice of the death of the opposing party is placed in the record to make a motion to substitute another party for the deceased party. If the party fails to make such a motion, the court may dismiss the action.

Answer choice A is incorrect because, while the plaintiff may move to dismiss the complaint against the deceased defendant, the plaintiff is not required to do so, but may instead file a motion to substitute the personal representative of deceased as party to the action.

Question 21

Plaintiff in a civil suit requested information stored electronically by Defendant. Defendant objected on the basis that the production of the information would be extremely expensive, and Plaintiff moved to compel. The court must

Answers:

deny the motion to compel if Defendant shows that the information sought is not reasonably accessible because of undue burden or cost.

deny the motion to compel if Defendant shows that the format requested for the electronically stored information is not reasonably accessible because of undue burden or cost.

limit the extent of the discovery if it determines that the discovery sought can be obtained from another source that is less expensive.

must require that all of the expense of the discovery be incurred by Plaintiff.

Answer 21

Correct Answer: limit the extent of the discovery if it determines that the discovery sought can be obtained from another source that is less expensive.

Question 22

A resident of a large apartment building in Orlando slipped and fell in a common area of the building, and badly injured his back as a result of the incident. The resident sued his landlord in Florida circuit court. The circuit court docket was quite busy, and during a pretrial conference, the judge assigned to the case informed the resident and landlord that he wanted to send the parties to an arbitrator for nonbinding arbitration. The resident and landlord both informed the judge that they did not want to undergo arbitration proceedings.

May the judge order the case to nonbinding arbitration?

Answers:

Yes, because judges have broad discretion to order nonbinding arbitration if would benefit the litigants or the court.

Yes, because the costs of the arbitration can be equitably divided between the parties.

No, because the case involves a personal injury claim between a landlord and tenant.

No, because nonbinding arbitration can only occur with the consent of the parties to the suit.

Answer 22

Correct Answer: Yes, because judges have broad discretion to order nonbinding arbitration if would benefit the litigants or the court.

Generally, the trial judge has discretion to order a civil action to non-binding arbitration on a finding that it could benefit the litigants or court. The court is not required to accept the arbitrator’s decision. A judge’s discretion to order arbitration is only limited in a few discrete circumstances, none of which apply to this fact pattern.

Question 23

A patient sued her doctor in Florida circuit court, claiming that she permanently lost feeling in her foot as a result of the doctor’s malpractice. The case proceeded to jury trial and in her case-in-chief the patient produced evidence tending to show that she visited the doctor complaining of pain in her foot, that he treated her over several office visits, that the foot became progressively worse, that the foot is now completely numb, and that the numbness prevents her from fulfilling several of her job-related responsibilities.
At the end of the patient’s case-in-chief, the doctor moved for a directed verdict. May the court grant the motion?

Answers:

Yes, because a court may grant a motion for a directed verdict at any time before the jury begins deliberations.

Yes, because the motion has been filed at the conclusion of the plaintiff’s case-in-chief.

No, because a motion for a directed verdict may only be granted in a non-jury trial.

No, because a motion for a directed verdict may only be granted following the presentation of all evidence.

Answer 23

Correct Answer: Yes, because the motion has been filed at the conclusion of the plaintiff’s case-in-chief.