» Civil Litigation

Federal Summary Judgement Rule

June 18th, 2021
Posted By
Christian W. Waugh
A summary judgment is a judgment made in court for or against a party without a full trial or jury; either the defendant or the plaintiff can make a pre-trial motion for a summary judgment. Summary judgment is granted when the judge believes they hav… Read More
Categories: Civil Litigation
Tags: Federal Rule 56, Florida Courts, Florida Rule 1.510, Summary Judgement

Trustees Beware: Paying Attorney Bills without Permission

February 20th, 2020
Posted By
Christian W. Waugh
Even the most experienced probate litigators can sometimes be caught unawares but new laws that have been passed. Litigation is not infrequently referred to as warfare by other means, and, if it is, then there are many mines for the unwary General an… Read More
Categories: Civil Litigation, Estate Planning & Probate Law

Litigation Discovery Objections: The Good, the Bad and the Ugly

January 30th, 2020
Posted By
Christian W. Waugh
It has been said that “the proof is in the pudding.” In a lawsuit in the American legal system, the best way to find out what is in the pudding is to conduct discovery. Whether you are in state or federal court, a series of procedural rules and l… Read More
Categories: Civil Litigation

Substance Over Form with Federal Rule of Civil Procedure 8

January 17th, 2020
Posted By
Christian W. Waugh
Federal Rule of Civil Procedure 8(a) requires that a pleading contain “(1) a short and plain statement of the grounds for the court’s jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support; (2) a… Read More
Categories: Civil Litigation