(a) Motions for Rehearing/Reconsideration.
(b) Motions to Continue Trial.
(c) Motions to Withdraw.
Within 20 days client shall either retain new counsel who must file a Written Notice of Appearance with the Clerk of Court; orIf the client is a business entity please include the following language in the Order:
the client must file a written notice with the Clerk of Court advising that he or she will be representing himself or herself (pro se).
(Name of Client) shall be represented by counsel who shall file a Written Notice of Appearance within 20 days of the date of the order.Failure to follow this Order will create a presumption that client no longer wishes to participate in this litigation and the Court may sua sponte, or upon motion by opposing counsel, impose sanctions against client. Those sanctions may include striking pleadings, granting attorney’s fees and costs, the entry of default, dismissal of the lawsuit with prejudice and/or any sanctions deemed appropriate and just by the Court.
(d) Motions for Summary Judgment – Generally.
Pursuant to the Florida Supreme Court’s amendment to Florida Rule of Civil Procedure 1.510 effective May 1, 2021, parties moving for summary judgment must support or oppose the motion with a statement of material facts. In the interest of judicial economy, in the interest of proper and careful consideration of each party’s statement of material facts, and in the interest of determining matters on summary judgment on the merits, the Court orders the parties to file any statements of material facts as follows:
2. The statement shall not exceed ten (10) pages.
3. Each material fact in the statement that requires evidentiary support shall be set forth in an individually numbered paragraph and supported by a specific citation. This specific citation shall reference pages (and paragraph or line numbers, if applicable) of the cited exhibit(s). When a material fact requires evidentiary support, a general citation to an exhibit, without a page number or pincite, is not permitted.
4. Each exhibit referenced in the motion for summary judgment and/or in the statement of material facts must be filed on the docket. Exhibits which have already been filed on the docket need not be refiled. If a deposition transcript is referenced, a complete copy must be filed which includes all exhibits. Within twenty-four (24) hours of filing a motion for summary judgment, the movant shall separately file an index of the cited exhibits which names each exhibit and references the docket entry at which that exhibit may be found.
5. The responding party may file an opposing statement of material facts which responds to the moving party’s statement of material facts.
6. The opposing statement of material facts shall not exceed ten (10) pages.
7. A responding party’s opposing statement of material facts must specifically respond to each statement in the movant’s statement by setting forth each of the individually numbered paragraphs contained in the movant’s statement and after each paragraph, detail respondent’s response or opposition.
By way of example:
2. Bobby Jackson Doe owns Blackacre. Exhibit B ¶ 12.
Admitted that Blackacre is located at 123 Main Street. Exhibit A ¶ 1. Denied that the property is vacant. Exhibit C at 5.2. Bobby Jackson Doe owns Blackacre. Exhibit B ¶ 12.
Denied as phrased. Admitted that the last recorded deed to Blackacre names Bobby Jackson Doe. Exhibit B ¶ 12.
9. In the event that cross motions for summary judgment are filed, the Court may order the parties to submit a consolidated statement of material facts and responses as appropriate. If cross motions are anticipated, the parties may jointly move for an order to file consolidated statements prior to filing the motions for summary judgment.
10. A reply statement of facts is not permitted.
11. Remember Rule 1.510 requires that the motion be served at least 40 days before the time set for the hearing and requires the non movant to serve a response at least 20 days before the time set for the hearing.
You can confirm your hearing by calling the scheduling party. When a hearing is set or cancelled, the Court Management System (CMS) will notify all parties registered with the E-Portal via email. Please notify the Court reporter of any cancellations.
(e) Motions for Summary Judgment – Foreclosure cases.
(2) If there was a substitution of plaintiff, is a supplemental or amended pleading required for transactions post complaint (Rule 1.190(d))?
(3) Have all of the parties answered or been defaulted?
(4) If there are Affirmative Defenses, are they addressed by the Affidavit of Indebtedness (“AOI”)?
(5) Does the AOI comply with 90.803(6) and Yisrael v. State, 993 So.2d 952, 956-958 (Fla. 2008)? Are the business records attached?
(6) If there was a change in servicers is there an Affidavit or Declaration for the business records of each servicer?
(7) If the complaint pleads that there is an “owner” other than plaintiff, is there some proof regarding the authorization of the plaintiff to act on behalf of the “owner”?
(8) If the complaint pleads a “lost note” count and the note is no longer “lost” was the complaint amended? Feltus v. U.S. Bank, 80 So.3d 375 (Fla. 2d DCA 2012).
(9) Is the original note, with all allonges, present so it can be cancelled? Does it run to the plaintiff or is it endorsed in blank? Does it match the copy attached to the complaint?
