Dismissal with Prejudice Proper When Amendment Would be Futile

Stander v. Dispoz-O-Products, Inc., 973 So. 2d 603 (Fla. 4th DCA 2008) is a January 2008 opinion from the Fourth District, but the point made by Judge Emas in dissent is a good one:

Stander's appeal merely seeks review of the trial court's order which found, as a matter of law, no such cause of action could be pled. Second, to the extent the issue of amendment has impliedly been raised on appeal, the transcript of the hearing on the motion to dismiss plainly reveals that seeking leave from the trial court to amend the complaint would have been a futile and useless act, given the trial court's determination that no valid cause of action could ever be pled. The law does not require a futile or useless act, see Haimovitz v. Robb, 130 Fla. 844, 178 So. 827, 830 (1937); Young v. State, 664 So.2d 1144, 1145 (Fla. 4th DCA 1995), and imposing such a requirement in this case is contrary to reason and does not advance the underlying purpose for the rule articulated in Merkle.

Southern District of Florida - CM/ECF Electronic New Civil Case Opening Quick Reference Guide

On January 4, 2010, the Southern District of Florida begn a pilot program to allow new civil cases to be electronically filed.  You can view Administrative Order 2009-36 implemeting the program HERE.  The Southern District of Florida "CM/ECF Electronic New Civil Case Opening" guide can be found HERE. 

The court has also released the "CM/ECF Electronic New Civil Case Opening Quick Reference Guide" which is below:

CM-ECF Electronic New Civil Case Opening Quick Reference - S.D. Florida

Southern District of Florida "CM/ECF Electronic New Civil Case Opening" Guide

On January 4, 2010, the Southern District of Florida begn a pilot program to allow new civil cases to be electronically filed.  You can view Administrative Order 2009-36 implemeting the program HERE.

The Southern District of Florida "CM/ECF Electronic New Civil Case Opening" guide is below:

CM-ECF Electronic New Civil Case Opening - S.D. Florida (11-13-2009)

You can view the Southern District of Florida "CM/ECF Electronic New Civil Case Opening Quick Reference Guide" at THIS link.

Northern District of Florida Local Rules (7/15/2005)

Northern District of Florida Local Rules (7/15/2005)

Additionally, the Northern District of Florida Attorney Resource page can be viewed HERE.

Eleventh Circuit Rules and Internal Operating Procedure (Aug. 1, 2011)

Eleventh Circuit Rules and Internal Operating Procedure (Aug., 2011)

Middle District of Florida Local Rules

The Middle District of Florida Local Rules and the December 2009 Amendments are below:

Middle District of Florida Local Rules (5-31-06)

Middle District 2009 Local Rules Amendment Order (December 2009)

Southern District of Florida Local Rules

The Local Rules for the Southern District of Florida have been amended by THIS Administrative Order, effective December 1, 2011, and can be viewed below:
Southern District of Florida Local Rules (December 1, 2011)

The Southern District of Florida Local Rules as released in April 2011 are below:
Southern District of Florida Local Rules (April 2011)

The Southern District of Florida Local Rules as released in April 2010, are below:
Southern District of Florida Local Rules 2010


The rules, as released in April 2009 and later as Amended in December 2009:

Southern District of Florida Local Rules 2009

Southern District of Florida Administrative Order 2009-51

On December 7, 2009, the Southern District of Florida released Administrative Order 2009-61 titled "In Re Amendments to the Local Rules-Notice of Proposed Amendments of Opportunity for Public Comments and of Hearing to Receive Comments."  Administrative Order 2009-61 can be found at THIS link.

The Local Rules for the Southern District of Florida, effective April 2002, are below:

Southern District of Florida Local Rules (April 2002)

About

BACKGROUND:

Jeff was born in Winter Park, Florida, where he lived until he moved to Tampa with his family. He spent the next seven years in Boston where he studied economics and history at Boston College and attended law school at Suffolk University Law School. While at Suffolk, Jeff was the Editor-in-Chief of the Journal of High Technology Law.

Jeff is an attorney at GrayRobinson and focuses his practice in both state and federal courts in the areas of commercial litigation and appellate law.

Click here to view "The Florida Legal Blog,"  Jeff's blog analyzing decisions from the Florida appellate courts and the Eleventh Circuit Court of Appeals.

EDUCATION:

• Boston College, B.A. (2003)
• Suffolk University Law School, J.D. (2006) 
  
  
  • Journal of High Technology Law (Editor-in-Chief)
  • Phi Delta Phi, Legal Honor Society
  • Dean's List

BAR ADMISSIONS:

• The Florida Bar
• United States Court of Appeals for the Eleventh Circuit
• United States District Court, Southern District of Florida, Middle District of Florida and the Northern District of Florida
• District of Columbia

PROFESSIONAL:

• American Bar Association
• Broward County Bar Association
• The Federal Bar Association

CIVIC:

• Junior Achievement of South Florida, Board of Directors
• Emerge Broward (Leadership Broward)

REPORTED DECISIONS:

• SunTrust Bank v. Electronic Wireless Corp., -- So. 3d -- (Fla. 3d DCA 2009).
• Derespina v. North Broward Hosp. Dist., 19 So. 3d 1128 (Fla. 4th DCA 2009).
• Tracfone Wireless, Inc. v. Blue Ocean's Distributing, LLC, 616 F. Supp. 2d 1284 (S.D. Fla. 2009).
• In re Matthew J. Whitehead, III, 399 B.R. 570 (Bankr. S.D. Fla. 2009).
• John Daly Enterprises, LLC v. Hippo Golf Co., Inc., 646 F. Supp. 2d 1347 (S.D. Fla. 2009).
• Fla. Ins. Guar. Ass'n, Inc. v. Shadow Wood Condominium Ass'n, -- So. 3d --  (Fla. 4th DCA 2009).
• Fla. Ins Guar. Ass'n, Inc. v. Devon Neighborhood Ass'n, Inc., -- So. 3d --  (Fla. 4th DCA 2009).
• John Daly Enterprises, LLC v. Hippo Golf Co., Inc., No. 08-61401-CIV, 2009 WL 4855455  (S.D. Fla. May 27, 2009).
• Kaplan v. Blue Cross and Blue Shield of Florida, Inc., 07-11699, 2008 WL 4926623 (11th Cir. Nov. 19, 2008).
• Merriken v. Am. Maritime Off. Vacation Plan, et al, 08-60687, 2008 WL 4899126 (S.D. Fla. Sept. 29, 2008).
• Am. Maritime Off. Union v. Merriken, 981 So. 2d 544 (Fla. 4th DCA 2008).
• Wavestone Props., LLC v. Fortune Dev. Sales Corp., 978 So. 2d 830 (Fla. 3d DCA 2008).
• Del Mar Ass'n, Inc. v. Florida Ins. Guar. Ass'n, 2008 WL 5705147 (Fla. Cir. Ct. Dec 26, 2008).

PUBLICATIONS:

• Review of "Open Source Licensing: Software Freedom & Intellectual Property Law" by Lawrence Rosen (Author, 2005, Bimonthly Review of Law Books and Journal of High Technology Law).

AWARDS AND RECOGNITIONS:

• Selected as a Super Lawyers "Rising Star" in 2009.

Disclaimer

This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice (or any legal advice). By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. By using this blog site you understand that any statement on the blog site are solely those of the author and do not reflect the views of GrayRobinson, P.A. By using this blog site you understand that the Blog/Web Site is not affiliated with or approved by GrayRobinson, P.A. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state or jurisdiction. This blog is not published for advertising or solicitation purposes. Regardless, the hiring of a lawyer is an important decision that should not be based solely upon advertisements.