Order Of Abatement

13 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Dep't OF Child. & Families v. L.D. and J.S.
  840 So. 2d 432· Fla. 5th DCA· 2003-03-21 ·cited 36×
  The Department of Children and Families appealed a trial court order staying termination of parental rights proceedings for 90 days to allow parents additional time to comply with a case plan. The appellate court affirmed the stay, holding that the trial court did not abuse its d
• State of Fla. Dep't OF Revenue & Marilyn Huffman v. Ferguson
  673 So. 2d 920· Fla. 2d DCA· 1996-05-15 ·cited 12×
  The court held that neither res judicata nor collateral estoppel bars enforcement of a foreign support order when a prior URESA action was abated based on a representation that no arrears existed, as this did not constitute a final judgment on the issue of arrearages.
• Kerben v. Intercontinental Bank
  573 So. 2d 976· Fla. 5th DCA· 1991-01-24 ·cited 11×
  A Florida appellate court quashed an indefinite order abating a civil action for forged checks where the defendant banks sought to stay proceedings due to a key witness's invocation of the Fifth Amendment privilege. The court held that abating an entire civil action based solely
• Cowan v. People of the State of Fla.
  463 So. 2d 285· Fla. 4th DCA· 1984-12-05 ·cited 8×
  The Florida District Court of Appeal reviewed an order modifying a prior abatement order and granting limited discovery. The court held that the appeal was improperly filed and treated it as a petition for writ of certiorari, ultimately quashing the lower court's order. The court
• Kornaker v. Louis G. Payor, D.D.S.
  565 So. 2d 899· Fla. 5th DCA· 1990-08-23 ·cited 4×
  Appellants sued for dental malpractice and loss of consortium, but the complaint was abated pending service of process. When appellees moved to dismiss based on laches and the statute of limitations, the trial court granted dismissal with prejudice. The appellate court reversed a
• Rudolph v. Chase
  468 So. 2d 494· Fla. 5th DCA· 1985-05-09 ·cited 3×
  Appellant Rudolph appealed an order dismissing his case for failure to prosecute. The court reversed, holding that although Rudolph failed to prosecute timely, he was relieved of this obligation by the trial court's order of abatement that removed the case from the active docket.
• Fishman v. Easton
  475 So. 2d 1019· Fla. 4th DCA· 1985-09-25 ·cited 2×
• Geezil v. Savage
  127 So. 3d 867· Fla. 2d DCA· 2013-12-04 ·cited 1×
  The court held that the probate court erred in ordering funeral expenses paid immediately from a specific devise before considering abatement and payment order statutes.
• Janace K. Doolittle v. Shumer
  152 So. 3d 779· Fla. 5th DCA· 2014-12-05
  An indefinite abatement of an entire civil action based on a blanket assertion of the Fifth Amendment privilege by one defendant is a departure from the essential requirements of law, especially as to co-defendants not facing criminal charges.
• City Fed. Sav. Bank v. Fla. E. Dev. & Mgmt. Corp.
  536 So. 2d 1057· Fla. 4th DCA· 1988-10-19
  City Federal Savings Bank sought to pursue a deficiency judgment against guarantors of a promissory note while simultaneously foreclosing on collateral securing the underlying debt. The Fourth District Court of Appeal affirmed the circuit court's abatement of the deficiency actio
• United Servs. Auto. Ass'n v. Johnson
  428 So. 2d 334· Fla. 2d DCA· 1983-03-18
  A trial court loses jurisdiction to reinstate a cause of action after a voluntary dismissal, and cannot entertain a motion for relief from that dismissal.
• Brabetz v. Strange
  359 So. 2d 549· Fla. 4th DCA· 1978-05-31
• Smith v. The Town OF Bithlo
  314 So. 2d 212· Fla. 4th DCA· 1975-06-06
  A trustee sued a town and individual defendants seeking declaratory judgment and affirmative relief regarding taxation of excluded lands for bond debt service. The trial court abated the action against the town for defective service and entered judgment for individual defendants,