The Briefing

During litigation, a party generally engages in discovery.  In fact, Florida Rule of Civil Procedure 1.280 provides, “[p]arties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property for inspection and […]

In Florida, most practitioners have experienced a local rule or administrative order requiring the parties to “meet and confer” on any non-dispositive motion prior to scheduling a hearing. The local “meet and confer” requirement was a gatekeeper to the court, and perhaps more importantly, an obstacle to moving a case forward. In an effort “[t]o […]

Most Florida attorneys are aware of Florida Statute § 57.105 and the initial procedure through which one party may seek to have a non-meritorious claim, defense, or action withdrawn or dismissed by the opposing party. The statute provides: (1) Upon the court’s initiative or motion of any party, the court shall award a reasonable attorney’s […]

The Third District Court of Florida recently reversed a trial court’s nonfinal order allowing a Plaintiff to amend her complaint to assert claims for punitive damages after determining the Plaintiff failed to proffer sufficient evidence to support a reasonable basis for recovery of such damages. McLane Foodservice Inc. et al, v. Wool, 49 Fla. L. […]

Except for certain exempt improvements,[1] the recording of a notice of commencement must precede the commencement of construction to improve real property. See Edwin Taylor Corporation v. Mortgage Electronic Registration Sys., Inc., 311 So. 3d 139 (Fla. 2d DCA 2020). The notice of commencement itself serves two purposes. First, it serves to protect the owner […]

The Supreme Court of Florida recently released opinions implementing critical changes to the Florida Rules of Civil Procedure. Generally, these changes relate to many aspects of case management, such as scheduling, pleadings, and discovery. One of these changes will have a particularly significant impact on defendants and how they must assert affirmative defenses. On June […]