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NEW RELEASES - JULY 13, 2016

ESTATES-- Claims -- Timeliness -- Statement of claim, even if submitted in paper, is not “filed” unless it is electronically submitted or falls within one of the exceptions to electronic filing requirement -- Rule 2.520(f), which states that no clerk of court shall refuse to file any document because of noncompliance with rule 2.520, does not apply to an unauthorized attempt to make a paper filing -- Trial court did not abuse its discretion when it refused to find that creditor timely filed statements of claims when it attempted to file paper copies of statements of claims on last day of claims period but was informed of electronic filing requirement after deadline had passed -- Although one of exceptions to e-filing provides for paper filing if court deems that “justice so requires,” trial court concluded that justice did not require it to allow for paper filing where late filing was result of negligence or lack of knowledge by a licensed Florida attorney, and creditor did not argue that trial court abused its discretion on this issue
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FIREARMS-- Trial court erred in dismissing with prejudice a firearm owner's suit against sheriff seeking money damages for sheriff's refusal to return firearms seized during safety check until receipt of court order and an injunction preventing sheriff from enforcing its allegedly illegal policy of retaining lawfully-owned firearms seized in conjunction with safety check until ordered by court to return them -- Complaint sufficiently pled cause of action under section 790.33, which creates private cause of action for declaratory and injunctive relief and actual damages for anyone “adversely affected by any ordinance, regulation, measure, directive, rule, enactment, order, or policy promulgated or caused to be enforced in violation” of section 790.33 -- Circuit court administrative order requiring court order before returning pistols or firearms taken by any officer could not amend or add to section 933.14(3), the statute cited as basis for the order -- Statute pertains to pistol or firearm taken by any officer with a search warrant or without a warrant where officer observes breach of peace, neither of which circumstance applied in instant case -- Exhibiting suicidal behavior in one's home constitutes a “breach of the peace” -- Sheriff not permitted to retain firearms seized in response to safety call which did not result in criminal investigation or charges -- Res judicata -- Action for damages and injunctive relief not barred by prior replevin action
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