Wrong Answers Deck Flashcards
What matters does the fl Supreme Court have jurisdiction over?
Mandatory: capital cases, constitutional questions, bond validations, and public utility cases
Discretionary: determining validity of statutes, determining construction of fl constitution, constitutional/statutory, certified questions from fl DCA, Fed COA, US Sup Ct
Original non-exclusive: certain writs
What matters does the fl DCA have SMJ over?
Administrative decisions by state agencies, certified questions by county courts, various writs, all matters not directly appealable to the fl sup ct
What matters do FL Circuit Courts have jurisdiction over?
- Felonies
- Juvenile cases (except traffic)
- Civil cases over $15k
- Family law cases
- Ejectment cases
- Tax assessments
- Probate
- Guardianship
- Appeals from County Courts
What matters do FL County Courts have jurisdiction over?
- Misdemenaors
- Violations of municipal ordinances including traffic laws
- Civil cases up to $15k
- Simplified and uncontested divorces
- Homeowner’s association disputes
My Cousin Vinny Hates Spam
When can an action be brought against a foreign corporation in an FL county?
An action against a foreign corporation doing business in Florida must be brought in a county in which:
* the foreign corporation has an agent or other representative
* the cause of action accrued or
* the property in litigation is located
When can a rightful jurisdictional court dismiss an action?
The action may be dismissed upon a finding that:
* an adequate alternative forum has jurisdiction over the entire case (including the parties)
* all relevant factors of private interest favor an alternative forum even when weighed against a strong presumption against disturbing the plaintiff’s forum choice and
* the plaintiff can reinstate the suit in the other forum without undue inconvenience or prejudice
When must the defense of insufficient service of process be asserted?
In the first responsive pleading
How should Service of Process be made?
Service of process should be made by delivering a copy of it (1) to the person to be served or (2) at the person’s usual place of abode with any person 15 years of age or older who also resides there and has been informed of the copy’s contents.
Alternatively, service may be made on the spouse of the person to be served if:
* the cause of action is not an adversarial proceeding between the spouse and the person to be served ,
* the spouse requests such service or is a party to the action, AND
* the spouse and person to be served reside together in the same dwelling.
When/how may a pleading be amended?
In Florida, a pleading may be amended once as a matter of course at any time before:
* a responsive pleading is served or
* within 20 days after the pleading was served when:
(1) a responsive pleading is not permitted and
(2) the action has not been placed on the trial calendar
Otherwise, the pleading may only be amended by leave of court or with the adverse party’s written consent.
When must compulsory claims be brought?
By contrast, a compulsory (i.e., required) counterclaim must be brought if:
* it arises out of the same transaction/occurrence that is the subject matter of the opposing party’s claim AND
- the presence of third parties over whom the court cannot acquire jurisdiction is not required to adjudicate the counterclaim (Choice D). Compulsory counterclaims are not subject to the amount-in-controversy requirements
Deposition Notice to Opposing Party
In Florida, a party taking a deposition of any person must give reasonable notice in writing to the opposing party. The notice must state the following:
* time and place of the deposition and
* name and address of each person to be deposed or a description sufficient to identify the person or the particular class or group to which the person belongs. If proper notice is not provided, then the deposition may not be used against the opposing party
Party Right to Dismissal
Such a right to dismiss can take place:
* at any time before a hearing on a motion for summary judgment or
* if a motion for summary judgment has not been served or has been denied, then
* before the jury retires in a jury action or
* before a nonjury action is submitted to the court for decision.
The right to a voluntary dismissal cannot be exercised in actions in which a counterclaim has been served before the notice of dismissal unless the counterclaim can remain pending or the defendant consents to the dismissal.
A notice of dismissal serves as an adjudication on the merits if served by a plaintiff who once dismissed in any court an action based on or including the claim that is the subject of the dismissal.
Jury Awards & Attorneys Fees
In Florida, a plaintiff is entitled to a jury award and reasonable costs and attorney’s fees when:
* the plaintiff made a written, good-faith demand for judgment against the defendant
* the defendant rejected or did not respond to the demand within 30 days and
* the jury award is 25% greater than the plaintiff’s offer. The plaintiff is entitled to reasonable costs and attorney’s fees only from the date the offer was served.
When can a party make a demand for a jury trial?
Any party may demand a jury trial of any issue triable of right by a jury by serving the other party with a demand in writing:
* at any time after the action commences and
- not later than 10 days after the service of the last pleading directed to that issue.
When do personal relationships require a judge to recuse themselves?
A judge’s recusal (i.e., self-removal from a proceeding) is required when a party to the proceeding is related to the judge within the third degree by either (1) consanguinity (i.e., blood ties) or (2) affinity (i.e., marriage)
Relationships within the third degree of affinity are the judge’s spouse, parent-in-law, daughter/son-in-law, brother/sister-in-law, grandparent-in-law, or grandchild-in-law.
