Legal Topics

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.

Jan 11th, 2019 in News by admin

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. City of Miami v. Peralta, 43 Fla.…


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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

Jan 08th, 2019 in News by admin

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 PROSECUTION, BECAUSE…


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