Legal Topics

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

Jan 18th, 2019 in News by admin

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…


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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 15th, 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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