Clarification Granted

As I previously reported, there was a motion for clarification filed in the Service Experts v. Northside case. It didn’t actually have to do with the jurisdiction issue. Rather, it focused on a sentence in the opinion that seemed like throwaway dicta to the court, but made a big difference to our client on remand. Today, the court granted the motion in part, and struck the offending sentence from its opinion. [.pdf]

This just goes to show that even though motions for clarification under Florida Rule of Appellate Procedure 9.330 should not be undertaken lightly, a narrowly tailored and focused motion can get traction.