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7 U. Fla. L. Rev. 125 (1954)
Florida's 1954 Rules of Civil Procedure

handle is hein.journals/uflr7 and id is 139 raw text is: University of Florida Law Review VOL. VII SUMmER 1954 No. 2 FLORIDA'S 1954 RULES OF CIVIL PROCEDURE WINSTON E. ARu'ow and CLARENCE E. BROWN* Florida's 1954 Rules of Civil Procedure, which went into effect on June 1, were adopted by the Supreme Court of Florida on March 15, 1954, on petition of The Florida Bar. At the 1952 convention of The Florida Bar its Committee on Civil Procedure presented a recommendation in which it advised, in effect, that it was possible, feasible, and desirable to consolidate the existing common law and equity rules into one set applicable both to law and to equity, and that such consolidation could be effected without disturbing the substantive distinction between law and equity and without major or substantial changes in the rules themselves. There were a total, excluding the subsections, of 141 law and equity rules. The recommendation pointed out that through such a consoli- dation it would be possible to reduce the total number of rules to less than 100 and at the same time eliminate some differences existing between law and equity practice and resolve some inconsistencies in the rules. The Bar adopted the committee's recommendation. During the year following the Bar's committee, with the Supreme Court's rules committee,' prepared and considered several drafts of a proposed con- Winston E. Arnow, B.S.B.A. 1932, J.D. 1933, University of Florida; Chairman, Committee on Civil Procedure, The Florida Bar, 1952-1953; Author of Florida Practice Rules Annotated; Member of Gainesville, Florida, Bar. Clarence E. Brown, LL.B. Emory University, 1933; Chairman, Committee on Civil Procedure, The Florida Bar, 1953-1954; Member of Georgia and Lake City, Florida, Bars. The authors express their indebtedness to Philip K. Yonge and George John Miller, of the faculty of the College of Law of the University of Florida, who have reviewed this article and made valuable suggestions and constructive criticisms. 'The Supreme Court's Rules Committee, which gave of its time and energy so freely and unstintingly, consisted of Justices Terrell, Sebring, and Mathews. In addition to The Florida Bar's and the Supreme Court's rules committees, there were, of course, many people who, by their comments, criticisms, and sug- gestions, played a part in the preparation of these rules. It would be impossible [1251

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