UNIVERSITY OF FLORIDA LEVIN COLLEGE OF LAW

FLORIDA CIVIL PROCEDURECOURSE 6303 SECTION 08A5 3-CREDITS

COURSE SYLLABUS

Course: Florida Civil Procedure Spring Semester 2018

Class time: M, T, W 10:00 AM – 10:50 AM, Room 345

Office Hours: Tuesdays 1:00 PM – 3:00 PM, or by appointment. I am also available for video conferences using Zoom outside my “brick and mortar” office hours. Just send me an email.

Why You Should Take This Course:

This course will provide a through introduction to the rules, regulations, cases and principles of Florida civil procedure. The course will emphasize concrete litigation problems and strategies. This course is essential for anyone anticipating a career that involves litigation in Florida courts.

Who Is Your Professor?

I joined the UF Law faculty as a time full Legal Skills Professor after 30 years practicing complex civil litigation in state and federal courts with Holland & Knight in Miami and Tampa and Quarles & Brady in Tampa. Prior to joining the faculty on a full-time basis this year, I had the privilege of teaching as an adjunct professor at UF Law for 10 years.

While I consider myself a “native” Floridian having spent my entire adult life in Florida, I am originally from Philadelphia. I earned my undergraduate degree from Lehigh University in Bethlehem, Pennsylvania, and a MA in philosophy from Washington University in St. Louis, Mo. I graduated from UF Law in 1983.

Here are a few links where you can learn more about me.

https://www.law.ufl.edu/faculty/william-hamilton https://www.law.ufl.edu/areas-of-study/institutes/icairhttps://www.linkedin.com/in/williamfhamiltonhttp://www.quarles.com/william-bill-hamilton/

I am married to Cynthia Tejcek. Cindy graduated from Loyola in Chicago with a BS in mathematics. She holds an MBA from Kellogg. We meet when she was the chief information officer of the ABA. Yes, we are big Cubs baseball fans.

We have a son who just finished earning his BA in mathematics at the University of West Florida and is now commissioned as an Army officer.

We have another son studying nursing in Tampa.

And, I’m very pleased that our daughter is a junior at UF studying criminal justice. Go Gators!

How Can You Get In Touch with me?

I want to hear from you. Send me an email, call, or text.

Email Telephone Text Officehamiltonw@law.ufl.edu

480.993.8777 480.993.8777 342 Holland: Tuesdays 1-3

Please let me know If you have something to share with me – an inspiration, a new thought, a frustration, or concern. Let have coffee together in the commons.

Zoom is one of my favorite videoconferencing tools. We can have a face-to-face video conference any time (even on tablets and smartphones). It is as simple as Facebook.

Zoom SKYPEhttps://zoom.us/j/5410389684 william.hamilton.1120

Teaching Philosophy and Instructional Methods: This course has a practical orientation. While you will learn the Florida Rules of Civil procedure and read cases, the emphasis of the course is on solving the practical problems. We will have lots of class discussions, practical exercises, and periodic law stakes quizzes.

You may wish to review literature on experiential learning. My philosophy is in large part captured in Make It Stick: The Science of Successful Learning by Peter C. Brown.

In part, this course is designed to introduce students to a variety of career paths involving litigation. I recommend the book“Designing Your Life: How to Build a Well-Lived Joyful Life,” by Burnett and Evans, Alfred A. Knopf (2016), for helpful strategies to find career directions that will work for you.

You are expected to attend all class sessions. Each week you will be asked to read certain basic cases and text. At approximately every three weeks there will be an in-class 20-minute spot quiz to give you and me or some feedback on how we are doing.

Examination and Grading Policy: The final examination will count for 3/4 the final grade. The other 1/4 of your grade will be determined by your four Quiz scores and class attendance and participation.

Is this Course Graded on a Curve?

This course is graded on a curve. Fortunately, it is not a classic bell curve!I am provided a curved grade range by the Registrar and my class grade average must be within that range. In past semesters, my grade point average has been around 3.25.

Points may be earned as follows:

1. Final examination: 1200 points.

There will be a 3-hour “take-home” open book examination composed of various short answer questions, multiple choice questions, and short essay questions. The final exam may be taken at any time during the finals period. The student Honor Code applies. The examination will be administered by the Registrar’s office using ExamSoft. The examination will include materials and topics discussed in class in addition to the readings.

2. Class Attendance and Participation: 200 points (5 points per class, except first two classes).

Class attendance and participation is expected. Each class is worth 5 points. Class participation will be evaluated on the following rubric:

(1) Asking and answering questions that illuminate e-discovery issues,(2) Asking and answering questions that enrich the class dialogue and

advance the classes understanding of the issues,(3) Participating in the class dialogue,(4) Demonstrating class preparation.

I recognize that you may have legitimate and compelling personal and professional requirements that may cause a class absence. If you will not be attending a class for personal or professional reasons please notify me in advance as a professional courtesy. You have four “free” excused absences. After four absences, you will lose class attendance points for each class missed.

3. Low Stakes Check-Ups: 200 points

There will be four 20-minute in class “check-ups” that will consist of multiple choice, true/false, and matching or short answer questions. Each of the checkups will be worth 50 points. The multiple choice check-ups are designed to give you feedback and a reality check on how well you understand the course materials presented so far and to provide feedback to me on what course areas and topics may need additional coverage

Class Cancellations

Occasionally, I may have to reschedule a class due to professional demands. If this happens, I may record video lectures for the class to watch or conduct the class remotely by Zoom.

Are Smartphones and Laptops Permitted in the Classroom?

You may use laptops in class to take notes. I will turn my phone off when I come to class. Please do the same. Please restrict the use of your laptop to taking notes. Do not visit social media websites, texting, or emailing. Keep you browser closed to avoid temptation. Do not abuse this privilege. I expect your attention in class. Nothing life changing will happen while you are offline in class.

What Notes Should I Take in Class?

I recommended that you do not take word-for-word literal notes. This is not a court reporting class! Instead, think about what is happening in class and record the key ideas. Actually, handwriting your notes is better for you then typing notes. Check out this article: Note-Taking: Writing vs. Typing Notes. Beyond that, it is a good legal skill. You will need to learn to take good witness interview notes, deposition notes, and trial notes. A computer will not always be available or good to use.

Assigned Text: There is no assigned text. All the materials consist of publicly available cases

and statutory laws.

Class Objectives, Schedule, and Assignments:

As is reflected on our Canvas web page, we will cover two of the below numbered topics each week. For example, week 1 will consist of topic 1 and topic 2. You should prepare to discuss the readings and assignments on Monday and Tuesday, respectively. On Wednesday, we will explore the materials in greater detail, consider practical problems, do group exercises, and solve mock problems. Week 2 will cover topic 3 and topic 4; week 3 will cover topic 5 and topic 6, etc.

1 Introduction to the course and Lecture on Sources of Law; Review the Syllabus; Read this case: (Judicial Branch's Control Over Procedure),

Adam, 403 So.2d 391

2 Judicial Branch's Control Over Procedure

Adam, 403 So.2d 391 ,Watson, 537 So.2d 1370

3 Judicial Branch's Control Over Procedure

Knealing v. Puleo, 675 So.2d 593,

Massey, 979 So.2d 9314   Certiorari

Review,     Fla.R.App.P. 9.030,   

 Custer 62 So. 3d 1086,

Nader 87 So. 3d 712, (read only the part of the decision addressing the 2d Certified Question)

5 Subject Matter Jurisdiction & Precedent

[Some of the links below to the Fla. Constitutional and statutory provisions regarding subject matter jurisdiction may not functioning. Try them, but if they do not work, go to Westlaw Next to the Statutes link, then Florida and look for these provisions. I will go through them in class and point out what I expect you to know. I do not expect you to know anything more than the most general provisions regarding

the jurisdiction of the various levels and types of courts in Florida.] 

Generally: F.S.A. Const. Art. 5 § 1Florida Supreme Court’s Jurisdiction:

F.S.A. Const. Art. 5 § 3

Jurisdiction of the DCAs:

F.S.A. Const. Art. 5 § 4

F.S.A. § 35.01

Jurisdiction of the Circuit Courts:

F.S.A. Const. Art. 5 § 5

F.S.A. § 26.012Jurisdiction of the County Courts:F.S.A. § 34,01 Jurisdiction Chart:

http://flcourts.org/core/fileparse.php/240/urlt/Jurisdiction_chart.pdf

 Precedent (These cases are not long and you should read them only for the discussion of precedent. Each case sets forth a rule of precedent that you should know.)

Pardo, 596 So.2d 665,

Malu, 898 So.2d 69,

Sheradsky, 452 So.2d 599,

Tiede, 870 So.2d 225

6 Declaratory Judgment Actions and Temporary Injunctions

Fla.Stat. 86.021,

Higgins, 894 So.2d 5,

Hartford, 2010 WL 2889759

Fla.R.Civ.P. 1.610,

Yardley, 826 So.2d 467

7 Personal Jurisdiction

Fla.Stat. 48.193, Venetian Salami, 554 So.2d 499, Wendt, 822 So.2d 1252,

8 Long-Arm Statute Analysis

Corporate Shield Doctrine

Internet Solutions, 39 So.3d 1201, Kitroser, 85 So. 3d 1084

9 General Jurisdiction

Woods, 739 So. 2d 617,

Carmouche,   36 F. Supp.3d 1335,

Marina Dodge, 134 So. 3d 1103

10 Waiver of PJ Fla.R.Civ.P. 1.140,

Wiggins, 147 So.3d 76,  Snider, 157 So. 3d 422, Golden, 883 So. 2d 817, (we will use this as a problem)

11 Forum Selection Manrique, 493 So. 2d 437,

Clauses

McRae, 511 So. 2d 540,

JetBroadband, 13 So. 3d 159 ,

12 Venue Fla. Stat. 47.011,

Fla. Stat. 47.051, 

Bernhart, 12 So. 2d 576 ,

Kauffman, 89 So. 2d 24,

Publix, 502 So. 2d 484,

Fontana, 781 So. 2d 433 ,

13 Venue Concluded and Review

Fla. Stat. 47.021,

Brown, 84 So. 3d 304,

Gamco, 68 So. 3d 923  

14 Venue Transfer And FNC

Fla. Stat. 47.091,

Fla. Stat. 47.122,

Fla.R.Civ.P. 1.060,

Houchins, 388 So. 2d 1287 ,

R.J. Reynolds Tobacco, 147 So.3d 42

Fla.R.Civ.P. 1.061,

Cortez, 123 So.3d 1085,

Woods, 739 So.2d 617,(read only the forum non conveniens section)

15 Pleading and motions to dismiss,

Pleading Special

Fla.R.Civ.P. 1.110(b),

Connolly, 89 So. 2d 482,

Matters and Pleading in the Alternative

Myers, 65 So. 3d 58,

Kreizinger, 925 So. 2d 431,

Fla.R.Civ.P. 1.100,

Fla.R.Civ.P. 1.120,

Fla.R.Civ.P. 1.110(g),

Belz, 721 So. 2d 787,

16 Election of Remedies,

Monco, 458 So. 2d 332,

Barbe, 505 So. 2d 1331,

Goldstein, 566 So. 2d 1338

17 Answer & Overview of Litigation Process

Skim these Rules:  

Fla.R.Civ.P. 1040,

Fla.R.Civ.P. 1.100,Fla.R.Civ.P. 1.110,Fla.R.Civ.P. 1.140,1.1601.2001.201 Pioneer, 487 So. 2d 1051,

18 Affirmative Defenses

Fla.R.Civ.P. 1.110(d),

Custer, 62 So. 3d 1086, discussion of affirmative defenses begins at headnotes 12,13,14,

Kitchen, 404 So. 2d 203,

Ironman, 493 So. 2d 1097,

Conte, 644 So. 2d 133,

19 Amendment and Relation Back and Conform to the Evidence at trial

Fla.R.Civ.P. 1.190, Dimick, 774 So.2d 830, Myers, 65 So.3d 58, Suntree, 859 So.2d 1273,  Kopel, 2017 WL 372074,   

20 Punitive Damages

 

Fla Stat 768.72,

Fla. R. Civ P. 1.190(f)

Globe, 658 So. 2d 518 ,

Soffer, 187 So. 3d 1219, 

Ted Williams, 62 So. 3d 1129,

Holmes, 891 So.2d 1188,

Royal Marco, 2010 WL 2609367

21 Counterclaims and Party Joinder

Counterclaims and Parties  Fla.R.Civ.P. 1.170(a),

Londono, 609 So.2d 14 ,

Fla.R.Civ.P. 1.210,

FL Dept. of Revenue, 930 So.2d 604,

Hertz, 453 So.2d 12,

Parker, 185 So. 3d 61622 Discovery

Overview, including enforcement and eDiscovery

 Fla.R.Civ.P. 1.280,

Allstate, 655 So.2d 91 ,

US Sugar, 2017 WL 363141,Amente, 653 So.2d 1030, Board of Trustees, 99 So.3d 450,

23 Work Product and Opinion Work Product

Northup, 865 So.2d 1267 ,

Grinnell, 924 So.2d 887

24 Expert Witnesses

Wackenhut, 451 So.2d 900,

CSX, 725 So.2d 434,

KMart, 997 So.2d 1158,

Elkins, 672 So.2d 517,

Allstate, 733 So.2d 993

25 Summary Judgment,

Fla.R.Civ.P. Rule 1.510,

Hervey, 650 So.2d 644 ,

T-Quip, 207 So.3d 958, 

Christenson-Sullins, 765 So.2d 955,

Grimes, 194 So.3d 424

26 Sanctions under 57.105

Bionetics, 69 So. 3d, 943,

Infiniti, 204  So. 3d 550, 

Watson, 195 So. 3d 1163,

Boca Burger, 912 So. 2d 561,

27 Offers of Judgment

Fla.Stat. 768.79,

Fla.R.Civ.P. 1.442 (Please read the history section of the Statute),

Attorney's Title, 36 So.3d 646,

Anderson, 202 So.3d. 846, Borden, 202 So.3d. 391, 

Southeast Floating Docks , 82 So.3d 73, 

28 Exam Review Go over a posted exam; explain grading rubric

I reserve the right to make reasonable adjustments and modifications to the weekly schedule as required by the pace and progress of the class.

Statement related to accommodations for students with disabilities

Students requesting accommodation for disabilities must first register with the Dean of Students Office (http://www.dso.ufl.edu/drc/). The Dean of Students Office will provide documentation to the student who must then provide this documentation to me when requesting accommodation. You must submit this documentation prior to submitting assignments or taking the quizzes or exams. Accommodations are not retroactive, therefore, students should contact the office as soon as possible in the term for which they are seeking accommodations.

Information on UF Law grading policies

Grade Points Grade Point Grade PointA (Excellent) 4.0 C+ 2.33 D- 0.67A- 3.67 C (Satisfactory) 2.00 E (Failure) 0.0B+ 3.33 C- 1.67B (Good) 3.00 D+ 1.33B- 2.67 D (Poor) 1.00

The law school grading policy is available at: http://www.law.ufl.edu/student-affairs/current-students/academic-policies#9.

Student Course Evaluations

You can provide feedback on the quality of instruction in this course by completing online evaluations at https://evaluations.ufl.edu. Evaluations are typically open during the last two or three weeks of the semester, but you will receive notice of the specific times when they are open. Summary results of these assessments are available to students at https://evaluations.ufl.edu/results/

University policy on academic misconduct: Academic honesty and integrity are fundamental values of the University community. You should be sure that they understand the UF Student Honor Code at http://www.dso.ufl.edu/students.php.

Getting help:For issues with technical difficulties for E-learning in Canvas, please contact the UF Help Desk at:

● Learning-support@ufl.edu

● (352) 392-HELP - select option 2

● https://lss.at.ufl.edu/help.shtml

Other resources are available at http://www.distance.ufl.edu/getting-help for:

● Counseling and Wellness resources

● Disability resources

● Resources for handling student concerns and complaints

● Library Help Desk support

Disclaimer: This syllabus represents the current course plans and objectives. As the semester proceeds, these plans may be changed to enhance the class learning experience. Such changes, communicated clearly, are not unusual and should be expected.