From the category archives:

Writs and Petitions

Small Claims, Big Procedural Concerns

June 25, 2011

Does filing a mis-labeled motion for new trial in small claims court toll rendition of a final small claims order? The Fourth DCA in Arafat v. U–Haul Center Margate, No. 4D10–1179,— So.3d —- (Fla. 4th DCA June 22, 2011) [.pdf] has said yes. Which Rule Applies? The Arafat decision packs in a lot of procedural [...]

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“Final” Judgment While Appeal Pending is Void

February 24, 2011

On a petition for certiorari filed by a non-party challenging a post-judgment discovery order, the Second District Court of Appeal has provided us with some great language on what constitutes a void judgment. In Gibson v. Progress Bank of Florida, No. 2D10-4137 (Fla. 2d DCA Feb. 23, 2011)[.pdf], the court decided what should be a [...]

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Jurisdiction and Extraordinary Writs

October 13, 2010

Sometimes, you can win the battle and lose the war. So it can be with jurisdiction. Even if you are correct that there is no jurisdiction over an appeal in the Florida intermediate appellate courts, the Court still has the discretion to treat an appeal as a request for an extraordinary writ. And that’s exactly [...]

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