when “ Shall ” afigaauTomaTiCSTayaPPly ?
Construction law Section
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631.67 to allow them discretion in applying the automatic 6-month stay . Specifically , trial courts have either severed the FedNat insured from the action to justify not staying the entire proceeding , or denied the statutory 6-month stay altogether . These trial judges relied upon the statute ’ s apparent conflict with the Florida Supreme Court ’ s recent Administrative Order directing all judges to conclude litigation as soon as it is reasonably and justly possible to do so . 5 The Administrative Order neither evaluates , nor cites to , Section 631.67 , and instead considers emergency measures for trial courts handling cases during the COVID pandemic .
There is confusion among certain trial courts regarding whether they shall automatically stay all proceedings for 6 months in which FedNat is obligated to defend its named insured . Without appealing the trial court decisions denying an automatic stay , or direction from the Florida Supreme Court on this issue , trial courts — and hundreds of FedNat insureds and the attorneys appearing their cases — are left wondering when “ shall ” shall mean what it means . n
1
Martinez v . Iturbe , 823 So . 2d 266 , 267 ( Fla . 3d DCA 2002 ) ( citing § 631.67 , Fla . Stat .).
2
Halili v . Radiation Oncology Consultants , P . A ., 820 So . 2d 415 , 416 ( Fla . 5th DCA 2002 ) ( citing § 631.67 , Fla . Stat .).
3
See Pardo v . State , 596 So . 2d 665 , 666-67 ( Fla . 1992 ) ( holding that , “ in the event the only case on point on a district level is from a district other than the one in which the trial court is located , the trial court be required to follow that decision .”).
4
This quote is attributed to the great Lee Corso .
5
See In Re : Comprehensive Covid-19 Emergency Measures for Florida Trial Courts , Fla . Admin . Order No . AOSC20-23 , Amendment 12 ( April 13 , 2021 ).
Author : Alex M . Sarsfield – Paskert Divers Thompson , P . A . m a r - a p r 2 0 2 3 | H C B a L a W Y E r
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