Epstein Secrets

ice for trial, and the trial judge is ultimately responsible for ensuring compliance with the rule. The following excerpt from the First District's Bennett decision "succinctly encapsulates" what occurred here: The requirement of notice is mandatory. . . . The procedure for setting actions for trial i

also Tucker, 175 So. 3d at 306 13 EFTA00808484 (final judgment reversed because case noticed for trial before answer to counterclaim was filed); Gawker Media, LLC, 170 So. 3d at 129-30 (granting mandamus to enforce Rule 1.440 and holding that an appeal after final judgment would be insufficient to remedy

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

ett v. Continental Chemicals, Inc., 19 492 So.2d 724 (Fla. 1st DCA 1986) Campbell v. Wells Fargo Bank, N.A. 1 204 So.3d 476 (Fla. 4th DCA 2016) Gawker Media, LLC v. Bollea 20, 21, 22 170 So.3d 125 (Fla. 2d DCA 2015) Grossman v. Fla. Power & Light Co., 14 570 So.2d 992 (Fla. 2d DCA 1990) Haft v. Adam

because there was no default against Rothstein on the operative complaint. 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).6 At the earliest opportunity on the next business day, Monday,

Schoof, 190 So. 3d 169, 170 (Ha. 5th DCA 2016) ("Strict compliance with rule 1.440 is required and failure to adhere to it is reversible error."); Gawker Media, LLC v. Bollea, 170 So. 3d 125, 131 (Fla. 2d DCA 2015) ("[A] party is absolutely entitled to strict conformance with the terms of rule 1.440, inclu

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

. Wells Fargo Bank, N.A., 204 So. 3d 476, 479 (Fla. 4th DCA 2016) (citing Genuine Parts Co. v. Parsons, 917 So. 2d 419, 421 (Fla. 4th DCA 2006) and Gawker Media, LLC v. Bollea, 170 So. 3d 125, 130 (Ha. 2d DCA 2015)). I In compliance with this Court's Administrative Order No. 2014-1, the Petitioner has cont

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

nscript. Epstein will supplement his Appendix with the Court's Order once entered. 7 See Bennett, 492 So. 2d at 727; Teelucksingh, 21 So. 3d at 37; Gawker Media, LLC, 170 So. 3d at 131; Genuine Pans Co., 917 So. 2d at 421. 7 EFTA00793773 The purpose of mandamus is "to enforce the respondent's unqualified