IN THE MATTER OF AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE
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The Florida Supreme Court amended its Rules of Civil Procedure but later modified the effective date for pending cases to prevent the deprivation of litigants' rights. The amendments now only apply to cases filed after October 1, 1961.
Yes, the amendments to the Florida Rules of Civil Procedure shall become effective on October 1, 1961, but will only apply to cases commenced on or after that date, thereby protecting rights in pending cases.
“It has been brought to the attention of the Court that the applicability of said amendments to pending cases could result in a deprivation of substantial rights previously acquired by litigants.”
This quote explains the reason for the Court's reconsideration of its initial order.
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Join FLexlaw to unlock all legal intelligenceThe Florida Supreme Court initially issued an order on June 30, 1961, amending several Rules of Civil Procedure and abolishing others. This order stat…
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On June 30, 1961, this Court filed an order amending Florida Rules of Civil Pro*7cedure numbered 1.3(b), 1.3(d), 1.13(7), 1.16(6), and 3.14(0 [See 131 So.2d 475], By the same order Florida Rules of Civil Procedure numbered 1.32 and 3.13 were abolished. It was provided that said amendments “shall become effective on the first day of October, 1961, and shall be applicable to all cases then pending, as well as those instituted thereafter.” It has been brought to the attention of the Court that the applicability of said amendments to pending cases could result in a deprivation of substantial rights previously acquired by litigants. It is, therefore, ordered that the amendments to the Florida Rules of Civil Procedure promulgated by the order above described shall become effective on the first day of October, 1961, but shall be applicable only to cases commenced on and after said date.
It is so ordered.
ROBERTS, C. J., and THOMAS, HOB-SON, THORNAL and O’CONNELL, JJ., concur.
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Luella Maxine Owca and Leo W. Owca v. Sigmund S. Zemzicki and Betty B. Zemzicki, 137 So. 2d 876 (Fla. 2d DCA 1962)…the Florida Supreme Court by order promulgated on June 30, 1961. At the time of the judgment recoveries here, the abolition rule had not become effective. See In re Amendments to Florida Rules of Civil Procedure, Fla.1961, 131 So. 2d 475, and Fla., 132 So. 2d 6. Another point urged by defendants is that the trial court erred in instructing the jury, over defendants’ objection, upon impairment of earning capacity. Defendants’ position is that this is a matter of special damages and, as such, must be specia…
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Della E. Partin and Thomas v. Partin, 581 So. 2d 240 (Fla. 5th DCA 1991)…da Rules of Civil Procedure promulgated by the order above described shall become effective on the first day of October, 1961, but shall be applicable only to cases commenced on and after said date. In re Amendments to Fla.Rules of Civil Procedure, 132 So. 2d 6, 7 (Fla.1961). Since the supreme court, in its order adopting rule 1.070(j), did not mention whether it should be applied to cases filed before January 1,1989, as they did in the 1961 amendments, and since it is clear that a plaintiff’s rights may b…
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Cassel v. Gulf Life Ins. Co., 143 So. 2d 510 (Fla. 2d DCA 1962)…t.” By its opinion, the court made the amendment effective October 1, 1961, and made it applicable to “all cases then pending as well as to those instituted thereafter.” Subsequently, however, in In re Amendments to Florida Rules of Civil Procedure 132 So. 2d 6, 7, the Supreme Court “ordered that the amendments to the Florida Rules of Civil Procedure promulgated by the order above described shall become effective on the first day of October, 1961, but shall be applicable only to cases commenced on and afte…
Authorities Cited
- In re Amendments TO Florida Rules OF Civil Procedure, 131 So. 2d 475 (Fla. 1961)