No Discovery After Settlement

In this foreclosure case, certain borrower-defendants stipulated to a deficiency judgment, while one defendant did not. The non-settling defendant prevailed at trial on the basis that the lender lacked standing to pursue the debt. The other defendants then sought to set aside their stipulated settlement agreement, and sought a deposition and other discovery from the lender while the motion to set aside remained pending. The trial court allowed the discovery, and the appellate court reversed, holding: “The parties reached a settlement and stipulated to a deficiency judgment. Although the respondents have moved to set aside their stipulation, the trial court has not ruled on the motion. Therefore, the settlement and stipulation remain in effect and bar any further discovery.”

Eagle FL VI SPE, FL v. BB&T, 39 Fla. L. Wkly D48a (Fla. 2d. DCA Dec. 27, 2013)

 

 

Rules Amendments and New Rules Effective January 1, 2014

The Florida Supreme Court has amended or added the following rules of civil procedure, effective January 1, 2014:

– Amended Rules –

  1. 1.380 Failure to Make Discovery; Sanctions
  2. 1.431 Trial Jury
  3. 1.442 Proposals for Settlement
  4. 1.480 Motion for a Directed Verdict
  5. 1.490 Magistrates
  6. 1.530 Motions for New Trial and Rehearing; Amendments of Judgments
  7. 1.560 Discovery in Aid of Execution 
  8. 1.630 Extraordinary Remedies

– New Rules – 

  1. 1.020 Privacy and Court Records 
  2. 1.451 Taking Testimony

Floridacivpro.com has been updated to reflect the new and amended rules.