Bad Faith: Proceed with Caution When a CRN Expires on a
Weekend or Holiday
Weekend or Holiday
Allison G. Mawhinney, Esq.
Litigants have 60 days to cure or
respond to bad faith allegations that are lodged in a Civil Remedy Notice filed
pursuant to Section 624.155, Fla. Stat.
Often, the deadline expires on a Saturday, Sunday or legal holiday. General Florida law provides that where a
statute is silent as to the computation of a deadline, it is presumed that a
statutory deadline will not expire on a weekend or
legal holiday. See Fla. Jur. Time
§ 20 (“the general rule is that, if the last day that an act must be
performed falls on a Saturday, Sunday or holiday, the prescribed period runs
until the end of the next day that is not a Saturday, Sunday or holiday. This
rule is applied where a governing statute is silent on the time computation
issue….”); citing Stockslager v. Daly Aluminum Products, Inc., 246 So.
2d 97 (Fla. 1971), et al.
respond to bad faith allegations that are lodged in a Civil Remedy Notice filed
pursuant to Section 624.155, Fla. Stat.
Often, the deadline expires on a Saturday, Sunday or legal holiday. General Florida law provides that where a
statute is silent as to the computation of a deadline, it is presumed that a
statutory deadline will not expire on a weekend or
legal holiday. See Fla. Jur. Time
§ 20 (“the general rule is that, if the last day that an act must be
performed falls on a Saturday, Sunday or holiday, the prescribed period runs
until the end of the next day that is not a Saturday, Sunday or holiday. This
rule is applied where a governing statute is silent on the time computation
issue….”); citing Stockslager v. Daly Aluminum Products, Inc., 246 So.
2d 97 (Fla. 1971), et al.
Florida’s bad faith statute does
not express how litigants should treat the expiration of a CRN on a
non-business day. Hence, it would seem
the general principle weighing against deadlines expiring on weekends or legal
holidays should apply. However, research has uncovered no case law which expressly
finds this rule applicable to the expiration of a CRN. More compelling, legal authorities addressing
Florida’s general rule against the running of deadlines on weekends or holidays
cite the fact that making a court filing on a Saturday, Sunday or
holiday would be impossible; and the Legislature would not codify such an
impossibility. This is part of the
intent behind the general rule extending statutory deadlines until the next
business day.
not express how litigants should treat the expiration of a CRN on a
non-business day. Hence, it would seem
the general principle weighing against deadlines expiring on weekends or legal
holidays should apply. However, research has uncovered no case law which expressly
finds this rule applicable to the expiration of a CRN. More compelling, legal authorities addressing
Florida’s general rule against the running of deadlines on weekends or holidays
cite the fact that making a court filing on a Saturday, Sunday or
holiday would be impossible; and the Legislature would not codify such an
impossibility. This is part of the
intent behind the general rule extending statutory deadlines until the next
business day.
Unlike
the Courts, Florida’s online Civil Remedy Filing system does not “shut down” on
the weekends or on holidays. Thus, while a litigant defending against a CRN that expires on a weekend or holiday has an
argument that its response is not due until the next business day, nothing concrete establishes this. Further, a savvy litigant who files a CRN
which would expire on a weekend or a holiday also has a strong argument that
the 60-day window of time to respond to a CRN is not constrained by Courthouse
hours. Hence, such responses are not
subject to the “general rule” which precludes the running of deadlines on
non-business days. The best practice
when facing a CRN which expires on a questionable date is therefore to err on
the side of caution and file a response no later than the last business day before
the CRN would otherwise expire.
the Courts, Florida’s online Civil Remedy Filing system does not “shut down” on
the weekends or on holidays. Thus, while a litigant defending against a CRN that expires on a weekend or holiday has an
argument that its response is not due until the next business day, nothing concrete establishes this. Further, a savvy litigant who files a CRN
which would expire on a weekend or a holiday also has a strong argument that
the 60-day window of time to respond to a CRN is not constrained by Courthouse
hours. Hence, such responses are not
subject to the “general rule” which precludes the running of deadlines on
non-business days. The best practice
when facing a CRN which expires on a questionable date is therefore to err on
the side of caution and file a response no later than the last business day before
the CRN would otherwise expire.