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
Aug 11th, 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
Aug 07th, 2026 in by admin

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,…


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