Florida Broadens Scope of Vexatious Litigation Law

Everyone has a right to seek legal relief in court. This might include an initial claim, followed by an appeal if a party believes a decision was made in error. Once a matter is fully resolved, litigants are supposed to accept the outcome and move forward. Unfortunately, some parties keep filing complaints or motions in an effort to rehash what was already decided, in hopes that they’ll get the result they want. 

Florida had a law in place aimed at curbing what is often referred to as vexatious litigation, but courts continued to be bogged down with repetitive cases from parties looking to abuse the system. To relieve the burden on individuals and businesses forced to spend time and money relitigating matters, the state has now strengthened its vexatious litigant law. Some of the specific changes that went into effect on July 1 include the following:

• Consideration of cases from other jurisdictions — While the original statute barred redundant Florida state court claims, if you’re being harassed repeatedly by an adversarial party, the specific jurisdiction does not matter. Now, judges can consider cases filed in federal court and other states to determine if a Florida claim is problematic. By acknowledging a wider range of litigious behavior, the law reinforces the idea that vexatious conduct is unacceptable regardless of where it takes place, providing broader protection against abuse. 
• Expanded look-back period — Now, cases within the previous seven years will be examined to assess if a repeat litigant is acting improperly. The former lookback period was five years.
• Defendants now subject to provisions — Generally, vexatious litigation has been associated with plaintiffs who repeatedly file lawsuits with similar allegations. However, another revision is that defendants who tie up courts through redundant motion practice or unnecessary discovery can now be found to be violating the law. 
• Reduction in qualifying actions — Under the old rule, a litigant who brought five similar actions could be considered vexatious. That number has been reduced to three. 

The updates to Florida’s vexatious litigation law reflect a proactive stance in enhancing judicial efficiency for parties engaged in business litigation and other forms of civil disputes.

H. Clay Parker, Esq. The Florida Lawyer represents companies throughout the state in a wide range of civil disputes. For an appointment regarding your situation, please call [ln::phone] or contact us online. Our office is in Orlando.