Legal Topics

TRIAL COURT ERRED IN DISMISSING ORIGINAL COMPLAINT WITH PREJUDICE WITHOUT AFFORDING PLAINTIFF AT LEAST ONE OPPORTUNITY TO AMEND WHERE RESPONSIVE PLEADING HAD NOT BEEN SERVED—PLAINTIFFS PRESERVED THEIR ARGUMENT SEEKING A RIGHT TO AMEND BY RAISING IT IN A MOTION FOR REHEARING

Jul 08th, 2025 in by admin

Barr v. MS International, 50 Fla. L. Weekly D1059 (Fla. 4th DCA May 7, 2025): Under Rule 1.190(a) a plaintiff has an absolute right to amend the complaint before a responsive pleading is served. Where a defendant has filed only a motion to…


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Licensing — Driver’s license — Suspension — Refusal to submit to breath test — Lawfulness of stop

Jul 04th, 2025 in by admin

Licensing -- Driver's license -- Suspension -- Refusal to submit to breath test -- Lawfulness of stop -- Officer had objectively reasonable basis for stopping vehicle after pacing vehicle as traveling 45 mph in a 35 mph zone and observing…


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