Epstein Secrets

4) 17 Alamo Rent-A-Car v. Mancusi, 24 632 So.2d 1352 (Fla. 1994) Bennett 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

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.

Florida Rules of Appellate Procedure. Mandamus is "a proper vehicle to enforce the time restrictions for the setting of a trial under rule 1.440." Campbell v. 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) an

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.

ing so because the appellant already will have been forced to trial in violation of the rule. [e.a.] Gawker Media, LLC, 170 So. 3d at 131. See also Campbell v. Wells Fargo Bank, N.A., 204 So. 3d 476, 479 (Fla. 4th DCA 2016) (citing Gawker, and stating: "In that context, the appellate remedy was deemed i

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