Florida Civil Procedure Outline

 
FLORIDA CIVIL PRACTICE
PERTNOY
FALL 2013
 
 
 
CLASS 1
Personal Jurisdiction
Subject Matter Jurisdiction- power of court to hear a matter
·         Florida SMJ Provision
o   Florida Constitution
§  Article V-
o   Florida Statutes
o   Florida Procedure
§  Florida Appellate Rules (9.030(a)(1))
·         Court Structure
o   Supreme
§  Mandatory
·         Final judgments imposing death penalty
·         District court decision declared invalid a state statute or provision of state constitution
·         Validation of bond proceedings/COD
·         Rates concerning utilities
§  Discretionary (certiorari)
·         Rarely granted
·         Decision of district court declared provision valid
·         Construed a provision of state or federal constitution
·         Affected a class of state officers
§  Certified questions
·         Issues of great public importance
o   Circuit and certified to district
o   Supreme court does not need to take
·         Conflicts of interest
o   Different decisions by district courts in conflict with one another
o   Ask supreme court to resolve conflict to ensure uniformity
o   Lis Pendens
§  Piece of property is being litigated upon (providing notice)
·         US Supreme Court or US Court of Appeals
o   Can request Florida Supreme Court to take Florida case
§  Ex. Bush v. Gore
§  Writ Jurisdiction à older term for an “order”
·         Prohibition
o   Prohibiting something from being done
o   Injunction
·         Quo Warranto
o   Testing the authority of a public official or office
·         Mandamus
o   Order public official to do something
o   Injunction
·         Habeas corpus
o   Bring defendant to the court for hearing
§  Render advisory opinions if requested by the governor
§  Adopt rules of practice and procedure
o   Courts of Appeal
§  Five courts
§  Three judges – two make decision
§  Hear issues of law
§  Jurisdiction
·         Case from circuit court appealed to COA- circuit court + GPI = SC
·         Final Orders
o   Post-trial judgments
§  Motion for new trial
o   1.540 motions
§  If court grants, appealable as a final judgment
·         Non-Final Orders
o   Discontinue a case that might be defective with regard to PJ, SMJ, Venue (will be heard on a interlocutory basis)
o   Lower court will structure case accordingly
o   Interlocutory appeal
§  Venue
·         Filing in the right subject matter court
·         Ex. which circuit are we filing (Broward, Dade, Palm Beach, etc.)
§  Take an injunction
§  Denial or appointment of a receiver
·         Receiver
o   Ask court to appoint an independent third party to handle the business or operation
o   Ex. if you feel the appointment was done incorrectly, have an IA
o   Ex. judge did not appoint-assets could be gone
§  Personal jurisdiction issues
§  Lower court ruling decided who had immediate right to property or right of possession to property
§  Order in reference to child custody or monetary relief
§  Ruling in reference to arbitration
·         Needs a power source à contracts provide under default clauses where cases will be litigated (identify forum, laws applicable)
·         **don’t raise right to trial- waive right—if you move to transfer pursuant to contract à court will grant motion
o   If you don’t raise it initially, lose the right
o   No contract à no invocation of waiver provision
·         Contract provision
o   Invoke arbitration clause
o   Get interlocutory appeal- send back to circuit court-  suspend to comply with district  court
§  Involves a class that is certified
§  Workmen’s compensation case and court ruled there was immunity
§  Federal civil rights action and court ruled there was immunity
§  Discretionary
·         Irreparable harm and clear departure from essential requirements of law- court can take on cert. basis
§  Writ Jurisdiction
·         Order court to follow its orders
·         Order agency to issue licenses (issue a writ of mandamus or hold in contempt)
o   Circuit
§  Once you have completed case, have an independent right to take appeal and include any claims (evidentiary issues, did not qualify witness properly)- in motions at end of case, then incorporate in request for appeal
§  File arbitration
·         Circuit court case is stayed pending the arbitration
·         Court will enforce the decision of arbitration
o   Take arbitration award and file it with circuit court asking circuit court to reduce it to judgment of court *****
§  If they hear appeal- can have three judges sitting (typically one judge)
§  Criminal Division
§  Civil
·         Probate
·         Guardianship
·         Family
·         Juvenile
·         General Jurisdiction
·         Complex Commercial Litigation (Miami-Dade)
§  Exclusive jurisdiction over trials not found in county court
§  Felonies with lesser included offenses (circuit court has ancillary jurisdiction)
§  Rights to property (quiet title, adverse possession, boundary disputes)
§  Landlord tenant has shared jurisdiction (between circuit and county)
·         Based on dollar amount [$15,000] o