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Filing a claim that is ultimately deemed frivolous can be highly damaging to the attorney so filing. Most frivolous lawsuits that are successful are filed without an attorney. Attorney Daniel Evans writes: [W]hen a judge calls an argument "ridiculous" or "frivolous," it is absolutely the worst thing the judge could say.
Id at 178. The Court also cited practical considerations as weighing on its decision, since open fields "usually are accessible to the public," and "no trespassing" signs are generally ineffective at "bar[ring] the public from viewing open fields in rural areas," and "the public and police lawfully may survey lands from the air." Id at 178-179.
An action to quiet title is a lawsuit brought in a court having jurisdiction over property disputes, in order to establish a party's title to real property, or personal property having a title, of against anyone and everyone, and thus "quiet" any challenges or claims to the title.
A new year also means new laws in Florida. The Florida Legislature passed the laws earlier this year and they take effect Jan. 1, 2024: SB 784 gives local law enforcement agencies the ability to ...
In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
The Florida Bar filed its petition for contempt and order to show cause on July 24. On July 26, the Florida Supreme Court ordered Gonzalez to show cause by Aug. 10. Gonzalez failed to file a ...
The Florida Constitution, in Article V, Section 2(a), vests the power to adopt rules for the "practice and procedure in all courts" in the Florida Supreme Court, which has adopted the Florida Rules of Civil Procedure. Although Title VI of the Florida Statutes is labeled "Civil Practice and Procedure", the statutes it contains are limited to ...
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