Denial of Fee Award Due to Insufficient Expert Testimony – Raza v. Deutsche Bank

In this foreclosure case, the trial court dismissed the lender’s case for failure to comply with a court order.  The borrower, Raza, moved for prevailing party attorneys’ fees under a flat-fee agreement.  The trial court denied the motion because the expert affidavit failed to state a reasonable number of hours incurred in the case.  The appellate court affirmed, holding, “We have no transcript of the fee hearing, the order on review is not facially erroneous, and Mr. Raza’s proof failed to demonstrate a reasonable fee.”

Raza v. Deutsche Bank, 37 Fla. L. Wkly D2243c (Fla. 2d DCA Sept. 1, 2012)

Dismissal for Lack of Prosecution – Spencer v. EMC Mortgage Corporation

In this mortgage foreclosure case, the trial court issued a 60-day notice of lack of prosecution.  Although counsel received a copy of the notice within the 60-day period, plaintiff did not respond within this period or show good cause in writing at least five days before the hearing why the action should remain pending.  The court dismissed the case for lack of prosecution despite counsel’s disputed claim that notice was received late within the 60-day period.  The appellate court affirmed, holding further that the “‘no notice received’ exceptions detailed in Deutsche Bank National Trust Co. v. Basanta, 88 So. 3d 216 (Fla. 3d DCA 2011), and Boosinger v. Davis, 46 So. 3d 152, 154 n.2 (Fla. 2d DCA 2010),” did not apply.

Spencer v. EMC Mortgage Corporation, 37 Fla. L. Weekly D2068a (3d DCA Aug. 29, 2012)

Rules Updates – New E-discovery and E-mail Service Rules Effective September 1st

Per the Florida Supreme Court’s Order amending the Florida Rules of Civil Procedure to implement service by email, the following rules have been updated:

Per the Florida Supreme Court’s Order amending the Florida Rules of Civil Procedure to facilitate electronic discovery, the following rules have been updated:

All of these amendments are effective as of September 1, 2012.