• Relation-Back: amended complaint naming third-party defendant as defendant relates back to filing of third-party complaint where (a) third-party complaint had been filed prior to expiration of statute of limitations and (b) claims in amended complaint arose from same conduct, transaction, or occurrence as claims in third-party complaint - Caduceus Props., LLC v. Graney, No. SC12-1474 (Fla. Feb. 27, 2014) (clarifying certified conflict between Fla. 1st DCA and Fla. 5th DCA)
  • Default Final Judgment: default final judgment based on complaint that fails to state cause of action voidable, not void, and can be attacked only within 1 year of its entry – Condo. Ass’n of La Mer Estates, Inc., v. The Bank of New York Mellon Corp., No. 4D13-17 (Fla. 4th DCA Feb. 19, 2014) (reversed and remanded for reinstatement of final judgment)
  • Partition/Attorneys’ Fees: every party to partition action shall pay costs and attorneys' fees in proportion to party's interest, based on equitable principles as set forth in Fla. Stat. § 64.081 - Robinson v Barr, No.  2D12-6326 (Fla. 2d DCA February 28, 2014) (reversed and remanded)
  • Involuntary Dismissal: action should not have been dismissed under Fla. R. Civ. P. 1.420(e) because docket showed record activity in response to computer-generated “Notice of Lack of Prosecution” sufficient to satisfy the Rule’s bright-line test; moreover, the filed pleading demonstrated good cause why action should not be dismissed for lack of prosecution - Coronado Condominium Association, Inc. v. Jalud Realty, LLC, No. 3D13-1941 (Fla. 3d DCA February 26, 2014) (reversed and remanded)
  • Confidentiality Provision: plaintiffs breached confidentiality provision in settlement agreement prohibiting parties from "directly or indirectly" disclosing “any information” regarding the “existence or terms” of settlement by telling non-party daughter the case settled and they were happy with the result - Gulliver Schools, Inc. v. Snay, No. 3D13-1952 (Fla. 3d DCA February 26, 2014) (reversed)
  • Substitute Service: substitute service on non-resident pursuant to Fla. Stat. § 48.161 requires service on Secretary of State and delivery of copy of summons and complaint, together with evidence of service, "forthwith"; delivery 42 days after service on Secretary not "forthwith" and constituted improper service - Crystal Springs Partners, Ltd. v. Michael R. Band, P.A., No. 3D13-2872 (Fla. 3d DCA February 26, 2014) (reversed and remanded)