E-service change draws questions (Florida Bar News)

From the Florida Bar News:

A software upgrade on June 20 changed the ways parties are selected for the electronic service system,which is part of the portal when a document is filed.

Before the change, lawyers involved in a case could add parties for the e-service list. Everyone on the list automatically received an emailed copy of the filed document, unless the filing attorney (or the attorney’s staff performing the filing) went through the list to check off parties that would be omitted from getting the document.

Under the new system, automatic service is over. Attorneys must perform an extra step of checking a box that they want all parties served or go through the list and check which parties they want copied with the filed document — similar to what they did with paper filings. (Using the electronic service system is still voluntary and lawyers can continue to serve via email or regular mail.)

Read the full article: E-service change draws questions.  For the e-service rules see Fla. R. Jud. Admin. 2.516 Service of Pleadings and Documents.

Error to Dismiss Case for Lack of Prosecution When Party Awaits Action on Notice of Trial

In this mortgage foreclosure case, the trial court dismissed the case because appellant failed to schedule the matter for non-jury trial, despite the fact that appellant had filed a notice of trial.  The appellate court reversed, holding, “Because appellant continuously prosecuted its case and timely filed a notice of readiness for trial, dismissal was improper. The next move was for the trial court itself, not appellant, to schedule the case for trial.”

Citimortgage, Inc. v. Hill, 39 Fla. L. Weekly D1295b (1st DCA June 18, 2014).