Civil Litigation
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Total Failure To Prosecute Cases: 5
The circuit court departed from the essential requirements of law by ordering production of allegedly privileged documents without conducting an in camera inspection or holding any kind of hearing on the objections to their production.
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Florida
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In order to successfully file an injunction a party must show: 1) irreparable harm if the status quo is not maintained, 2) no remedy of law and, 3) substantial likelihood of success. Even if all these elements are met, if an injunction results in the interests of the public being outweighed by the interests of an individual, then it must be denied. Here the court reasoned that, although the actions of school boards do fall under the Sunshine Laws, the actions of the staff generally do not. Thus, as was the case here, the staff
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In a motion for default, the party seeking relief must establish excusable neglect, a meritorious defense, and due diligence. In establishing excusable neglect, a party must file an affidavit or sworn statement setting forth the facts and explaining the mistake or inadvertence. Due diligence is determined on a case-by-case basis and thus a party making an excusable neglect claim is entitled to be heard on the merits. It is up to the court to evaluate the extent and particular reasons for the delay. In the present case, the court added that even though the answer and affirmative defenses were not verified or sworn to, a motion to set aside a default should be viewed more favorably to the party attempting to vacate the default so that the trial can continue on its merits.
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The court reversed the dismissal for failure to prosecute where a notice was filed with the clerk.
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