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TRIAL COURT ABUSED ITS DISCRETION IN DENYING MOTION FOR 57.105 SANCTIONS--THERE IS NO EXCEPTION FOR AN ATTORNEY WHO FEARS DROPPING A CLAIM WHICH THE ATTORNEY COMES TO UNDERSTAND IS NOT LEGALLY SUPPORTED, SIMPLY BECAUSE THE ATTORNEY HAS NOT HAD AN OPP

A COURT SHOULD HOLD AN EVIDENTIARY HEARING TO ADDRESS DISPUTED ISSUES OF FACT CONCERNING WHETHER PLAINTIFF RECEIVED NOTICE OF AN IMPENDING DISMISSAL--NO RELIEF UNDER RULE 1.540(a) BECAUSE OF THE CLERK’S ALLEGED FAILURE TO MAIL NOTICE OF LACK OF PROSE

ORDER DENYING MOTION TO DISMISS COMPLAINT ON GROUND OF SOVEREIGN IMMUNITY NOT APPEALABLE, WHERE TRIAL COURT DOES NOT DETERMINE WHETHER THE DEFENDANT CITY WAS ENTITLED TO SOVEREIGN IMMUNITY AS A MATTER OF LAW.

A COURT SHOULD HOLD AN EVIDENTIARY HEARING TO ADDRESS DISPUTED ISSUES OF FACT CONCERNING WHETHER PLAINTIFF RECEIVED NOTICE OF AN IMPENDING DISMISSAL--NO RELIEF UNDER RULE 1.540(a) BECAUSE OF THE CLERK’S ALLEGED FAILURE TO MAIL NOTICE OF LACK OF PROSE

ERROR TO SET ASIDE DEFAULT JUDGMENT WHEN DEFENDANT FAILED TO PROVE THAT THE FAILURE TO FILE A RESPONSIVE PLEADING WAS THE RESULT OF EXCUSABLE NEGLECT.

Civil procedure -- Relief from judgment -- Void judgment -- Money judgment entered against judgment debtor was void where debtor was not afforded due process prior to entry of judgment

DENIAL OF A PARTY’S RIGHT TO DEPOSE A MATERIAL WITNESS IS SUBJECT TO CERTIORARI REVIEW, AND DENIAL OF A CONTINUANCE WHEN PLAINTIFF CANNOT BE AT TRIAL ALSO DEPARTED FROM THE ESSENTIAL REQUIREMENTS OF LAW.

Insurance -- Personal injury protection -- Voluntary dismissal -- Striking -- Under rule 1.540(b), trial court has jurisdiction to consider and rule

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Exhaustion of policy limits

Criminal law -- Search and seizure -- Officer responding to report of person slumped over steering wheel in vehicle parked in parking lot was permitted to conduct welfare check

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Marco Island Office

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651 South Collier Blvd., Suite 2H
Marco Island, FL 34145
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