Epstein Secrets

Epstein here, the plaintiff argued that strict compliance with Rule 1.440 was required. The plaintiff relied upon a previous First District opinion, Bennett v. Continental Chemicals, Inc., 492 So.2d 724 (Fla. 1st DCA 1986), in which the court adopted a bright line rule that strict compliance with Rule 1

ralian Warehouses Condo. ffi, 14, 16, 17 962 So.2d 1053 (Fla. 4th DCA 2007) Parrish v. Dougherty, 14 505 So.2d 646 (Fla. 1st DCA 1987) Pleus v. Crist, 22 14 So.3d 941 (Fla.2009) Poole v. City of Port Orange, 1 33 So.3d 739 (Fla. 5th DCA 2010) iii EFTA00808517 Sica v. Singletarv, 714 So.2d

se for trial, the "action" is not "at issue" when Edwards made his request. Florida law is clear: "strict compliance with rule 1.440 is mandatory." Bennett v. Cont'l Chemicals, Inc., 492 So. 2d 724, 727 (Fla. 1st DCA 1986) (emphasis added). Accord Teelucksingh v. Teelucksingh, 21 So. 3d 37, 37 (Fla. 2d

t 421. 7 EFTA00793736 respondent is duty-bound to act under the law, and (2) the respondent has failed or refused to do so. Id. (citing Pleus v. Crist, 14 So. 3d 941 (Fla. 2009)). "A third and final element is that the petitioner must have no adequate legal remedy for the respondent's failure to c

set 5 EFTA00793771 the cause for trial, the "action" was not "at issue." Florida law is clear: "strict compliance with rule 1.440 is mandatory." Bennett v. Cont'l Chemicals, Inc., 492 So. 2d 724, 727 (Fla. 1st DCA 1986) (emphasis added). Accord Teelucksingh v. Teelucksingh, 21 So. 3d 37, 37 (Fla. 2d

strate only that (1) the respondent is duty-bound to act under the law, and (2) the respondent has failed or refused to do so. Id. (citing Pleus v. Crist, 14 So. 3d 941 (Fla. 2009)). "A third and final element is that the petitioner must have no adequate legal remedy for the respondent's failure to c

ofLeeCounty—Ar- stretches from West Palm Democratic attorney Peter onberg and Republicans Mike Beach to Fort Myers. Burkert of Fort Myers is ex- Bennett and Garrett Richter In backing Benacquisto, the pected to run. — live in other counties. senators passed over former In District 27, about s4 -

. The governor's appointee will serve through November 2010, when the seat is up for election. 'While I have the utmost respect Taylor for Gov. Crist and I do hope certainly that I am the governor's choice ... I see no reason to wait on the governor's decision to launch my cam- paign," Taylo