Legal Topics

THIRD DISTRICT AFFIRMS ORDER VACATING DEFAULT FINAL JUDGMENT UNDER RULE 1.540(b)(1) WHERE FAILURE TO RESPOND RESULTED FROM CLERICAL/CALENDARING ERRORS AND IN-HOUSE COUNSEL’S EMERGENCY EARLY DELIVERY AND MATERNITY LEAVE; COURT EMPHASIZES RULE 1.540(b)(1) IS LIBERALLY CONSTRUED TO ALLOW DECISIONS ON THE MERITS
Jul 31st, 2026 in by admin

Amerant Bank N.A. v. D.R. Horton, Inc., 51 Fla. L. Weekly D836 (Fla. 3d DCA Apr. 20, 2026): Amerant served an amended complaint; D.R. Horton failed to respond, resulting in a clerk’s default and a default final judgment. D.R. Horton…


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COURT REVERSES AND REMANDS FOR NEW TRIAL WHERE TRIAL COURT EXCLUDED A RULE 1.310(b)(6) DEPOSITION ON IMPROPER GROUNDS; COURT ALSO HOLDS AN APPELLATE COURT CANNOT DO A RULE 90.403 BALANCING ANALYSIS FOR THE FIRST TIME UNDER THE TIPSY COACHMAN RULE, CERTIFYING CONFLICT
Jul 28th, 2026 in by admin

Caballero-Quinones v. Wilder, 51 Fla. L. Weekly D821 (Fla. 6th DCA Apr. 17, 2026): The plaintiff, a USPS mail carrier, was stopped at a red light in his mail truck at a busy intersection when a Polk County Sheriff’s deputy…


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