Civil Procedure

UPDATED THROUGH March 28, 2016

Final Judgments – Execution. Certified Conflict: Does a final judgment have to contain the language “for which let execution issue” in order to obtain a writ of execution? Haines v Black Diamond Properties, Inc., No. SC15-2097 (review granted Mar. 16, 2016). DCA decision: 176 So. 3d 1023 (Fla. 5th DCA Oct. 23, 2015). Status: briefing; no oral argument.

Statute of Limitations – Prisoner’s Negligence Action. Does the one-year statute of limitations applicable to actions brought by a prisoner relating to the conditions of his confinement or the four-year statute of limitations applicable to claims against the state for damages for a negligent or wrongful act apply to an inmate’s action against correction officers for negligence? Green v. Cottrell, No. SC15-1805 (review granted Feb. 19, 2016). DCA decision: 172 So. 3d 1009 (Fla. 1st DCA Sept. 3, 2015). Status: briefing; no oral argument.

Injunctive Relief – Reconsideration, Dissolution or Modification. Must a party establish changed circumstances for a court to consider affidavits submitted in support of a motion to reconsider, dissolve or modify a temporary injunction? Planned Parenthood of Greater Orlando, Inc. v. MMB Properties, No. SC15-1655 (review granted Nov. 3, 2015). DCA decision: 171 So. 3d 125 (Fla. 5th DCA Aug. 11, 2015). Status: briefing; oral argument to be set by separate order.

Litigation Privilege – Malicious Prosecution. Conflict Certified: Can the litigation privilege be applied to bar the filing of a valid claim for malicious prosecution? Debrincat v. Fischer, No. SC15-1477 (review granted Oct. 5, 2015). DCA decision: 169 So. 3d 1204 (Fla. 4th DCA July 15, 2015). Status: oral argument will be set by separate order; briefing complete (Mar. 24, 2016).

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Florida Enforcement of Foreign Judgments Act (FEFJA) – Statutes of Limitation. Is a money judgment entered in Arizona enforceable in Florida after a FEFJA registration, even though the judgment is no longer enforceable in Arizona? Patrick v. Hess, No. SC15-1147 (review granted Nov. 9, 2015). DCA decision: 164 So. 3d 19 (Fla. 2d DCA May 20, 2015). Status: decision pending; briefing complete (Feb. 15, 2016); no oral argument.

Discovery – Law Firm/Physician Referral Information. Conflict Certified: Is the disclosure of an attorney’s referral of a client to a healthcare provider protected by the attorney-client privilege and therefore not discoverable from the attorney even when the information is unsuccessfully sought from the party, the treating doctor and other witnesses? Worley v. Central Fla. Young Men’s Christian Ass’n, No. SC15-1086 (review granted Sept. 1, 2015). DCA decision: 163 So. 3d 1240 (Fla. 5th DCA May 15, 2015). Status: decision pending; briefing complete (Feb. 10, 2016); no oral argument.

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Post-judgment – Interest Rate. Certified Question: Does the language of section 55.03(3), Florida Statutes (1998), provide that the legislature intended to abandon the common law rule that post-judgment interest rates change on existing judgments when the legislature changes the rates such that the 2011 amendments to section 55.03, Florida Statutes do not apply to a judgment entered prior to July 1, 2011? R.J. Reynolds Tobacco Co. v. Townsend, No. SC15-722 (review granted May 12, 2015). DCA decision: 160 So. 3d 570 (Fla. 1st DCA Apr. 9, 2015). Status: decision pending; briefing complete (Aug. 18, 2015); no oral argument.

Accrual of Claims – Tax Claims. Certified Question from the Eleventh Circuit Court of Appeals: Under Florida law and the facts in this case, do the claims of the plaintiff taxpayers relating to the cards tax shelter accrue at the time the IRS issues a notice of deficiency or when the taxpayers’ underlying dispute with the IRS is concluded or final? Kipnis v. Bayerische Hypo-Und Vereinsbank, No. SC15-740 (certified on Apr. 20, 2015). 11th Cir. decision: 784 F.3d 771 (Apr. 17, 2015). Status: decision pending; Oral Argument Video (Dec. 9, 2015); briefing complete (Sept. 4, 2015).

Default Judgment – Motion to Set Aside. The Court quashed the Third District’s decision because it improperly considered documents outside the complaint in determining the complaint’s sufficiency to state a cause of action. Santiago v. Mauna Loa Investments, LLC, No. SC13-2194 (review granted May 22, 2014). DCA decision: 122 So. 3d 520 (Fla. 3d DCA 2013). Status: decided (Mar. 17, 2016); Slip Opinion; Oral Argument Video (Apr. 9, 2015); briefing complete (Nov. 6, 2014).

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Relation Back Doctrine. Does a party’s amended claim which alleges a new cause of action relate back to the original pleading when it is not based on different facts? Palm Bch. Cnty. Sch. Bd. v. Doe, No. SC13-1834(review granted June 11, 2014). DCA decision: 117 So. 3d 786 (Fla. 4th DCA). Status: decision pending; briefing complete (Nov. 14, 2014); no oral argument.

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Relation-Back Doctrine. Does an amendment setting forth a new claim or legal theory relate back to an earlier complaint, when the new claim is based on the same conduct, transaction, or occurrence alleged in an earlier pleading? Kopel v. Kopel, No. SC13-992 (review granted June 11, 2014). DCA decision: 117 So. 3d 1147 (Fla. 3d DCA 2013). Status: decision pending; briefing complete (Sept. 15, 2014); no oral argument.

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