Epstein Secrets

Epstein VIA U.S. MAIL ONLY The Honorable Donald W. Hafele 18 EFTA00793747 111111111 By: /s/ Kar

y occur where—unlike in this case—an amended pleading is filed subsequent to an otherwise compliant order setting_trial under Rule 1.440. See Labor Ready Se. Inc. v. Australian Warehouses Condo. Ass'n, 962 So. 2d 1053 (Fla. 4th DCA 2007). Labor Ready was another final appeal, not a mandamus proceeding.

Epstein VIA U.S. MAIL ONLY The Honorable Donald W. Hafele Palm Beach County Courthouse 205 N. Dixi

ief and strict compliance with Rule 1.440. A waiver also may occur if there is simply a "last minute technical amendment to a complaint." See Labor Ready Se. Ina v. Australian Warehouses Condo. Ass'n, 962 So. 2d 1053, 1055 (Fla. 4th DCA 2007). That is not what occurred here. Thus, Judge Hafele erroneous

ng was furnished by mail to The Honorable Donald W. Hafele, 205 N. Dixie Highway, Room 10.1216, West

violation of Rule 1.440 long before now. His failure to do so constitutes a waiver of the right to rely on the rule. This Court's decision in Labor Ready Se. Inc. v. Australian Warehouses Condo. MI, 962 So.2d 1053 (Ha. 4th DCA 2007) is controlling. There, the case was set for final hearing on April 17.