Epstein Secrets

15 EFTA00808533 C. Epstein Waived the Right to Rely on Rule 1.440 Epstein has waived reliance on Rule 1.440. As discussed above, Epstein filed the Second Amended Complaint on August 22, 2011. Rothstein never answered the complaint. Pursuant to Rule 1.500(a), Florida Rules of Civil Procedure, it was incumbent upon Epst

e final hearing without objection. No one argued they were not ready for trial, but simply argued a technical violation of rule 1.440. On appeal in Labor Ready, the defendants argued that the Rule 1.440 violation entitled them to a new hearing. This Court rejected the argument, noting that the defendants'

m., in a "Supplement" to his Motion for Separate Trials filed just the day before (App. 14), Edwards asserted for the first time that no default on the Second Amended Complaint had been entered in Epstein's case against Rothstein. In other words, at the time Edwards filed his motion to set case for trial, the case was not

raises no objection to the noncompliance." [e.a.] Id. at 1055 (quoting Parrish, 505 So. 2d at 648). The case at bar is clearly distinguishable from Labor Ready. First, Epstein did not waive the error by appearing at trial without raising an objection. See id. Again, Epstein adamantly voiced his objection b

recognized the case was not at issue at the time the motion to 5 Epstein simultaneously filed his Motion for Default Against Defendant Rothstein on the Second Amended Complaint. (App. 17). Pursuant to Rule 1.440, the "action" will be at issue 20 days after the circuit court grants Epstein's motion for default. Thereafter,

this Court's Labor Ready decision as the controlling precedent governing his authority to deny Epstein's motion to remove the case from the docket. Labor Ready, though well-decided, is both distinguishable and inapplicable to this case. First of all, Labor Ready was a final appeal, not a mandamus proceedin