(Download) "Winning the "Race to the Courthouse": The Principle of Priority (Florida)" by Florida Bar Journal # Book PDF Kindle ePub Free
eBook details
- Title: Winning the "Race to the Courthouse": The Principle of Priority (Florida)
- Author : Florida Bar Journal
- Release Date : January 01, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
When two jurisdictions have concurrent jurisdiction over a dispute, the "principle of priority" generally applies to allow the first-filed action to proceed. (1) As explained in Bedingfield v. Bedingfield, 417 So. 2d 1047 (Fla. 4th DCA 1995), rev. dism., 427 So. 2d 736 (Fla. 1983), receded from on other grounds, Thomas v. Thomas, 724 So. 2d 1246 (Fla. 4th DCA 1999), in its narrowest sense, the principle applies only to courts "within one sovereignty." However, although the "principle is not applicable between sovereign jurisdictions as a matter of duty," as a matter of comity a court may, in its discretion, stay a proceeding before it "on the grounds that a case involving the same subject matter and parties" is pending elsewhere. (2) Whether as a matter of duty or as a discretionary matter of comity, the principle of priority applies to all types of cases. Although there have been a large number of divorce and family law cases that have analyzed the principle, such as the cases previously cited, the principle can be applied in any other type of case as well, such as commercial disputes (3) or probate matters. (4)
 "Winning the "Race to the Courthouse": The Principle of Priority (Florida)" by Florida Bar Journal # Book PDF Kindle ePub Free){kind=link}