"The Petition included a prayer for relief that consisted of eleven requests, all but one of which sought
affirmative relief, in a case not before the court, that amounted to a relitigation of the just concluded case, with the underlying goal of setting aside the original will that the circuit court admitted to probate and reinstituting intestate distribution of the estate.
" PCC contends, in effect, that because it sought no '
affirmative relief,' the Petitions did not impact the Plan's assets.
'When a respondent asks for the dismissal of a case for lack of jurisdiction over the subject matter, she does not ask for any relief, let alone on
affirmative relief. This is because where a court has no jurisdiction over the subject matter of a case, its only duty and power is to dismiss the case,' it stressed.
Under Section 4 Rule 5 of the ERC rule, a person may petition the commission for
affirmative relief under any statute or other authority delegated to the commission, according to San Vicente.
Additionally, the responding litigant should be careful not to seek any
affirmative relief that could operate to waive his or her objection to personal jurisdiction.
As part of the settlement, the defendant asked for a release of claims from the plaintiff and, in return, agreed to pay $30 million into a gross settlement fund-allegedly the second highest paid retirement plan settlement-and to institute
affirmative relief as detailed in the settlement agreement.
It certified the question to the Supreme Court on whether the trial court under Civil Procedure Rule 1.540(b) could reverse a voluntary dismissal if the plaintiff had received no
affirmative relief.
The court did not address the E/C's illsuited attempt to reverse the JCC's factual findings regarding the claimant's dependency, because the request for the
affirmative relief of reversal by the E/C through its Answer Brief was determined by the court to be improper.
(40) He asserted that the court indicated in Jacobson that compulsory counterclaims, even those for
affirmative relief, relate back to the date of the original action.
(15) Next, Brian Shoot, an attorney at Sullivan Papain Block McGrath & Cannavo, P.C., explores the circumstances in which
affirmative relief may be granted to a non-appellant who actually deserves
affirmative relief on the merits.
sought to assert a defense, not a claim for
affirmative relief.
