MASTERS: TRIAL COURT MAY NOT APPOINT MASTER ON ITS OWN MOTION OR WITHOUT CONSENT OF PARTIES; APPEALS: MANDAMUS: MANDAMUS LIES TO VACATE ORDER APPOINTING SPECIAL MASTER WITHOUT CONSENT OF THE PARTIES

Joara Freight Lines, Inc. v. Perez, ___ So. 3d ___, 40 Fla. L. Weekly D749 (Fla. 3d DCA March 25, 2015)

The appellate court granted a petition for mandamus to vacate an order appointing a special master without the unanimous consent of the parties. “[A] trial court [may not] appoint a special master on its own motion” or without the … Click To Read Full Case Law Review...

PUBLIC RECORDS: TRIAL COURT ERRED BY DISMISSING PETITION FOR WRIT OF MANDAMUS, TO COMPEL PRODUCTION OF PUBLIC RECORDS, WITHOUT CONDUCTING A HEARING TO DETERMINE WHETHER DELAYED COMPLIANCE WAS REASONABLE

Consumer Rights, LLC v. Bradford County, ___ So. 3d ___, 40 Fla. L. Weekly D28 (Fla. 1st DCA December 17, 2014)

The petitioner made a public records request for the email addresses of all county employees. When the county failed to acknowledge the request after two and one half months, the petitioner sought mandamus in the trial court. The … Click To Read Full Case Law Review...

CIVIL PROCEDURE: DISTINCTION BETWEEN MOTIONS FOR REHEARING AND MOTIONS FOR RECONSIDERATION: MOTIONS FOR REHEARING ARE TAKEN FROM FINAL ORDERS AND MUST BE FILED WITHIN FIFTEEN DAYS: MOTIONS FOR RECONSIDERATION ARE TAKEN FROM NONFINAL ORDERS AND MUST BE FILED BEFORE ENTRY OF FINAL JUDGMENT: NOMENCLATURE IS NOT CONTROLLING: ORDER MODIFYING MAGISTRATE’S REPORT WAS NONFINAL: AS A RESULT, MOTION FOR RECONSIDERATION WAS TIMELY, AND TRIAL COURT POSSESSED JURISDICTION TO ENTER SUA SPONTE ORDER VACATING DENIAL OF MOTION FOR RECONSIDERATION; APPEALS: CERTIORARI: MANDAMUS

Seigler v. Bell, ___ So. 3d ___, 39 Fla. L. Weekly D2012 (Fla. 5th DCA September 19, 2014)

Motions for rehearing are taken from final orders.  A motion for rehearing must be filed within fifteen days.  Motions for reconsideration are taken from nonfinal orders.  A motion for reconsideration may be filed at any time before final judgment is entered. Nomenclature … Click To Read Full Case Law Review...

PUBLIC RECORDS: APPEALS: MANDAMUS    

Clay County Education Association v. Clay County School Board, ___ So. 3d ___, 39 Fla. L. Weekly D1792 (Fla. 1st DCA August 22, 2014)

The plaintiff filed a complaint for writ of mandamus to compel the defendant to produce public records.  Based upon the allegations of the complaint, the trial court issued an alternative writ of mandamus directing the … Click To Read Full Case Law Review...

APPEALS: ORDER DENYING MOTION FOR SUMMARY JUDGMENT NOT REVIEWABLE BY MANDAMUS OR CERTIORARI  

Moskovits v. Crystal House, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D1397 (Fla. 3d DCA July 2, 2014)

The trial court, in an action to set aside a settlement agreement based on extrinsic fraud, denied the plaintiff’s motion for summary judgment.  The plaintiff sought review by petition for writ of mandamus or certiorari, but the appellate court dismissed … Click To Read Full Case Law Review...