Monday, December 12, 2011

Florida Supreme Court on its own Jurisdiction


The Florida Supreme Court, in  Pino v. Bank of N.Y., 76 So. 3d 927, 2011 Fla. LEXIS 2853 (Fla. 2011), held that once a question has been certified to be one of great public importance, and after the petitioner has filed his initial brief on the merits, the supreme court does not have to accept a joint stipulated dismissal from the parties and can deny a dismissal of the proceedings where the court believes that the case transcends the individual parties to the action. 
The Fourth District, sitting en banc, had certified the following question:  Does a trial court have jurisdiction and authority under Rule 1.540(b), or under its inherent authority, to grant relief from a voluntary dismissal where the motion alleges a fraud on the court in the proceedings but no affirmative relief on behalf of the plaintiff has been obtained from the court?
The decision on the merits is still pending.

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