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RECENT RELEASES - FLORIDA SUPREME COURT
CRIMINAL LAW--SPEEDY TRIAL--RECAPTURE PERIOD--ENTITLEMENT. The State is entitled to the recapture period under Florida Rule of Criminal Procedure 3.191, even when charges are not filed until after the speedy trial period has expired. In so holding, the Court receded from State v. Williams, 791 So.2d 1088 (Fla. 2001), which held "that a defendant is entitled to automatic discharge based solely on the State's failure to file charges within the speedy trial period."
RULES OF CIVIL PROCEDURE--SMALL CLAIMS RULES--FAMILY LAW RULES OF PROCEDURE--AMENDMENT. The Court adopted amendments to Florida Rule of Civil Procedure 1.530 (Motions for New Trial and Rehearing; Amendments of Judgments; Remittitur or Additur), Florida Small Claims Rule 7.180 (Motions for New Trial; Time for; Contents), and Florida Family Law Rule of Procedure 12.530 (Motions for New Trial and Rehearing; Amendments of Judgments). "The primary function of the amendments is to reorganize the subdivisions of each rule so that motions for new trial and motions for rehearing will be addressed separately." In addition to the renaming and reorganization of the rules' subdivisions, the rules were also amended to clarify that "motions for rehearing may be directed only to final judgments or final orders."
RULES OF CIVIL PROCEDURE--NON-BINDING ARBITRATION--AMENDMENT. Florida Rule of Civil Procedure 1.820 (Hearing Procedures for Non-Binding Arbitration) was amended to "remove the requirement that an arbitration decision and the originals of any accompanying transcripts be filed under seal with the clerk" and to provide that a party need only "file a timely request for trial de novo to reject an arbitration decision and proceed to a trial."
PROBATE RULES--GUARDIANSHIPS--AMENDMENT. Florida Probate Rule 5.670 (Termination of Guardianship on Change of Domicile of Resident Ward) was amended to "add a statutory reference to section 744.524," and Part V (Forms) was "amended to replace the phrase without prolixity' to concisely' for ease of understanding and to reference Rule Regulating The Florida Bar 10-2.2. . . for instances where the forms are completed by nonlawyers."
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