Florida statutes regarding consolidating similar cases

Mortgage foreclosure--Limitation of actions--Where initial foreclosure complaint was voluntarily dismissed without prejudice, second foreclosure complaint was not subject to dismissal on basis that complaint was barred by statute of limitations because it was based on a default that occurred more than five years before the filing of the complaint, as complaint alleged that no subsequent payments on note had been made--Complaint was sufficient to establish that foreclosure could be based on any of missed payments since initial breach--Conflict certified.

I'll be doing the training for board members of cooperative associations and two other community association attorneys will be training board members of condominium associations and mandatory homeowners associations.

The entire event is free and even if you don't need to meet the certification requirement, the opportunities to learn from our speakers--including one of analysts with the Department of Business and Professional Regulation's Division of Florida Condominiums, Timeshares and Mobile Homes--and network with ROC members from the area should not be missed.

Courts usually consolidate cases to speed up the trial process and to eliminate duplicative trials involving the same parties, issues, and evidence. Courts may be reluctant to consolidate if it will interfere with the timing of events that occur before trial. 2d at 401 (appellate court reversed refusal to consolidate that would have delayed trial date because, under the specific facts of the case, the efficient administration of justice and possibility of inconsistent verdicts outweighed the interest in proceeding to a speedy trial). Consolidation can also save the defendant attorney fees when one attorney represents the defendant in several different but related cases.

You may move to consolidate to pull separate individual actions into one and get a single judgment when the issues and witnesses are the same and the rights of the parties can be determined in one action. A party may use consolidation as a delaying tactic. Despite the potential for delay, consolidation can solve or avoid problems such as inefficient management of multiple plaintiff cases arising out of the same facts or occurrences and inconsistent verdicts. Moreover, if any one of the plaintiffs’ cases is weak, it can weaken all the cases, as juries tend to be most influenced by the plaintiff who is the least appealing.

Although consolidation with a case that is not yet ready for trial may delay a case that is ready for trial, that alone is insufficient reason to deny consolidation where all other factors favor joint trial. A weak case on liability will result in a zero verdict for all consolidated cases, but by keeping the cases separate, one weak case does not jeopardize the stronger ones.

Consolidated cases may not be tried until all cases are ready for trial. On the other hand, Plaintiffs are often gamblers and are less likely to move to consolidate for the aforementioned reasons. Torts--Medical malpractice--Hospitals--Discovery--Article X, section 25, Florida Constitution (Amendment 7), which preempts statutory discovery protections for the peer review process by providing patients a right of access to any records made or received in the course of business by a health care facility or provider relating to any adverse medical incident--External peer review reports made for purpose of litigation do not fall within the ambit of Amendment 7 because they were not made or received in the course of business--Because circuit court has determined that external peer review reports are privileged, it was a departure from essential requirements of law to order their production. BOLLETTIERI RESORT VILLAS CONDOMINIUM ASSOCIATION, INC. In the past few months, while many of the residents in our communities have escaped Florida's heat and humidity, our friends at the U.S Department of Housing and Urban Development have been busy expanding the reach of Fair Housing protections. Criminal law--Sentencing--Correction--Mandatory minimum twenty-five year sentence as a dangerous sexual felony offender--Qualifying offenses--Offense under former statutory designation which is similar in elements to a qualifying offense--Former version of section 800.04, Florida Statutes (1981) is similar in elements to sections 800.04(4) and 800.04(5), Florida Statutes (2005)--Conflict certified. HOLMES REGIONAL MEDICAL CENTER, INC., 171 So.3d 163, 40 Fla.

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