IN RE AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE
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The Florida Supreme Court adopted amendments to the Florida Rules of Civil Procedure following the Civil Procedure Rules Committee's quadrennial review. The Court adopted most committee recommendations with modifications, including amendments to allow facsimile service, clarify videotape deposition costs, modify summary judgment procedures, and delete certain rules deemed obsolete or unconstitutional.
The Court adopted amendments to the Florida Rules of Civil Procedure effective January 1, 1993, including: amendments allowing facsimile service of pleadings; clarification of videotape deposition costs; modification of summary judgment procedures requiring timely service of affidavits; removal of the one-year limitation for motions based on fraud in financial affidavits in marital cases; and deletion of rules relating to terminated minors' pregnancies and certain obsolete procedures.
[1] Service of pleadings and papers may be made by facsimile (fax).
[2] A party may set a case management conference in the same manner as a party may set a hearing on a motion.
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Join FLexlaw to unlock all legal intelligence“After full consideration of the recommendations of the Civil Rules Committee, the action of the Board of Governors, and the comments of interested persons, we amend the rules as set forth in the Appendix.”
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Join FLexlaw to unlock all legal intelligenceThe Civil Procedure Rules Committee submitted its quadrennial report of proposed changes to the Florida Rules of Civil Procedure. The Court reviewed t…
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PER CURIAM.
The Civil Procedure Rules Committee of The Florida Bar has submitted its quadrennial report of proposed changes in the Florida Rules of Civil Procedure.
After full consideration of the recommendations of the Civil Rules Committee, the action of the Board of Governors, and the comments of interested persons, we amend the rules as set forth in the Appendix.1 While we have adopted in large part the committee’s recommendations, We have modified the proposed rules where we have deemed necessary.
At this time we do not accept proposed rule 1.070(j) and proposed form 1.902(c) (service by mail); the proposed amendments to rules 1.490 (masters), 1.491 (child support enforcement), and 1.680 (extraordinary remedies); or the committee’s proposal to move rules 1.700-1.830, Rules Common to Mediation and Arbitration, to the Rules of Judicial Administration.
We delete rule 1.442 pursuant to this Court’s opinion in Timmons v. Combs, No. 78,272, — So. 2d—(Fla. July 9, 1992). A brief explanation of additional substantive changes to the rules follows: Subdivisions (b) and (f) of rule 1.080 are amended to allow service of pleadings and papers by facsimile (fax).
Subdivision (a) of rule 1.200 is amended to allow a party to set a case management conference in the same manner as a party may set a hearing on a motion.
Subdivision (c) of the same rule is amended to remove the mandatory language and make the notice requirement for a case management conference the same as that for a hearing on a motion, i.e., reasonable notice.
Subdivision (b)(4)(D) of rule 1.310, Depositions Upon Oral Examination, is amended to clarify an ambiguity in whether the cost of the videotape copy is to be borne by the party requesting the videotaping or by the party requesting the copy.
The party requesting the copy must bear the cost of that copy.
Rule 1.400, Publication of Deposition, is repealed to conform with the practice under rule 1.310(f)(3) of not filing depositions as a routine matter. Subdivision (f) of rule 1.420, Dismissal of Actions, is amended to provide for automatic dissolution of lis pendens on claims that are settled even though the entire action may not have been dismissed.
Subdivision (g)(2) of rule 1.431, Trial Jury, is amended to minimize the inequity in numbers of peremptory challenges allowed in selecting alternate jurors in actions with multiple parties.
Subdivision (c) of rule 1.510, Summary Judgment, is amended to require timely service of opposing affidavits, whether by mail or by delivery, before the day of the hearing on a motion for summary judgment.
In rule 1.530(e), Motions for New Trial and Rehearing; Amendments to Judgments, the reference to assignments of error is eliminated to conform to amendments in the Florida Rules of Appellate Procedure.
In rule 1.540(b), Relief from Judgment, Decrees, or Orders, subdivision (b) is amended to remove the 1-year limitation for a motion based on fraud in financial affidavits used in marital cases.
In rule 1.611, the title is changed from Dissolution of Marriage (Divorce) to Marital and Post-Marital Proceedings.
Subdivision (a) is reworded to explain when and how a financial affidavit must be filed.
Rule 1.612, Termination of Pregnancies of Unmarried Minors, is deleted because the related parental consent statute was declared unconstitutional in In re T. W, 551 So. 2d 1186 (Fla.1989).
In subdivision (b) of form 1.902, Summons, the title is amended to eliminate confusion by the sheriffs in effecting service.
Form 1.907(b), Garnishment, is added to effectuate section 77.0305, Florida Statutes (1991).
It provides for a continuing writ of garnishment against salary or wages.
Form 1.931, Jurisdictional Statement— Law; Actions for Damages, is repealed because of the inability to ensure the form’s correctness at any given time because of statutory changes in the courts’ jurisdictional limits.
Subdivision (b) of form 1.988, Judgment After Default, is amended to clarify that post-judgment interest only applies to the total of the principal, court costs, and attorneys’ fees, if applicable.
Standard Interrogatories, Form 7 (Marriage Dissolution — Interrogatories to Party), is extensively modified at the request of the Family Law Section of The Florida Bar. The appended amended and new provisions of the Florida Rules of Civil Procedure, including new and amended forms, will become effective at midnight on January 1, 1993.
Deletions are indicated by the use of struck-through type; new language is indicated by underscoring.
Committee comments are included for explanation and guidance only and are not adopted as an official part of the rules.
It is so ordered.
BARKETT, C.J. and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur. APPENDIX FLORIDA RULES OF CIVIL PROCEDURE TABLE OF CONTENTS 1.010.
SCOPE AND TITLE OF RULES [AMENDED] [Editorial changes only] 1.030.
NONVERIFICATION OF PLEADINGS [NO CHANGE] 1.040.
ONE FORM OF ACTION [AMENDED] [Editorial changes only] 1.050.
WHEN ACTION COMMENCED [NO CHANGE] 1.060.
TRANSFERS OF ACTIONS [AMENDED] [Editorial changes only] 1.070.
PROCESS [AMENDED] 1.080.
SERVICE OF PLEADINGS AND PAPERS [AMENDED] 1.090.
TIME [AMENDED] [Editorial changes only] 1.100.
PLEADINGS AND MOTIONS [AMENDED] 1.110.
GENERAL RULES OF PLEADING [AMENDED] [Editorial changes only] 1.120.
PLEADING SPECIAL MATTERS [AMENDED] [Editorial changes only] 1.130.
ATTACHING COPY OF CAUSE OF ACTION AND EXHIBITS [AMENDED] [Editorial changes only] 1.140.
DEFENSES [AMENDED] [Editorial changes only] 1.150.
SHAM PLEADINGS [AMENDED] [Editorial changes only] 1.160.
MOTIONS [NO CHANGE] 1.170.
COUNTERCLAIMS AND CROSS-CLAIMSCROSSCLAIMS [AMENDED] [Editorial changes only] 1.180.
THIRD=PARTY PRACTICE [AMENDED] [Editorial changes only] 1.190.
AMENDED AND SUPPLEMENTAL PLEADINGS [AMENDED] [Editorial changes only] 1.200.
PRETRIAL PROCEDURE [AMENDED] 1.210.
PARTIES [AMENDED] [Editorial changes only] 1.220.
CLASS ACTIONS [AMENDED] [Editorial changes only] 1.221.
CONDOMINIUM ASSOCIATIONS [AMENDED] [Editorial changes only] 1.222.
MOBILE HOMEOWNERS’ ASSOCIATIONS [AMENDED] [Editorial changes only] 1.230.
INTERVENTIONS [AMENDED] [Editorial changes only] 1.240.
INTERPLEADER [AMENDED] [Editorial changes only] 1.250.
MISJOINDER AND NON-JOIN-BERNONJOINDER OF PARTIES [AMENDED] [Editorial changes only] 1.260.
SURVIVOR; SUBSTITUTION OF PARTIES [AMENDED] [Editorial changes only] 1.270.
CONSOLIDATION; SEPARATE TRIALS [AMENDED] [Editorial changes only] 1.280.
GENERAL PROVISIONS GOVERNING DISCOVERY [AMENDED] [Editorial changes only] 1.290.
DEPOSITIONS BEFORE ACTION OR PENDING APPEAL [AMENDED] [Editorial changes only] 1.300.
PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN [AMENDED] [Editorial changes only] 1.310.
DEPOSITIONS UPON ORAL EXAMINATION [AMENDED] 1.320.
DEPOSITIONS UPON WRITTEN QUESTIONS [AMENDED] [Editorial changes only] 1.330.
USE OF DEPOSITIONS IN COURT PROCEEDINGS [AMENDED] [Editorial changes only] 1.340.
INTERROGATORIES TO PARTIES [AMENDED] [Editorial changes only] 1.350.
PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES [AMENDED] [Editorial changes only] 1.351.
PRODUCTION OF DOCUMENTS AND THINGS WITHOUT DEPOSITION [AMENDED] [Editorial changes only] 1.360.
EXAMINATION OF PERSONS [AMENDED] [Editorial changes only] 1.370.
REQUESTS FOR ADMISSION [AMENDED] [Editorial changes only] 1.380.
FAILURE TO MAKE DISCOVERY; SANCTIONS [AMENDED] [Editorial changes only] 1.390.
DEPOSITIONS OF EXPERT WITNESSES [AMENDED] [Editorial changes only] 1-,4Q0, — P-UBLICATION OF DEPOSITION [DELETED] 1.410.
SUBPOENA [AMENDED] [Editorial changes only] 1.420.
DISMISSAL OF ACTIONS [AMENDED] 1.430.
DEMAND FOR JURY TRIAL; WAIVER [AMENDED] [Editorial changes only] 1.431.
TRIAL JURY [AMENDED] 1.432.
DISQUALIFICATION OF JUDGE [NO CHANGE] 1.440.
SETTING ACTION FOR TRIAL [AMENDED] [Editorial changes only] 1.442.
OFFER OF JUDGMENT [AMENDED] 1.450.
EVIDENCE [AMENDED] [Editorial changes only] 1.460.
CONTINUANCES [AMENDED] [Editorial changes only] 1.470.
EXCEPTIONS UNNECESSARY [AMENDED] [Editorial changes only] 1.480.
MOTION FOR A DIRECTED VERDICT [AMENDED] [Editorial changes only] 1.481.
VERDICTS [NO CHANGE] 1.490.
MASTERS [AMENDED] [Editorial changes only] 1.491.
CHILD SUPPORT ENFORCEMENT [AMENDED] [Editorial changes only] 1.500.
DEFAULTS AND FINAL JUDGMENTS THEREON [AMENDED] [Editorial changes only] 1.510.
SUMMARY JUDGMENT [AMENDED] 1.520.
VIEW [AMENDED] [Editorial changes only] 1.530.
MOTIONS FOR NEW TRIAL AND REHEARING; AMENDMENTS OF JUDGMENTS [AMENDED] 1.540.
RELIEF FROM JUDGMENT, DECREES, OR ORDERS [AMENDED] 1.550.
EXECUTIONS AND FINAL PROCESS [AMENDED] [Editorial changes only] 1.560.
DISCOVERY IN AID OF EXECUTION [AMENDED] [Editorial changes only] 1.570.
ENFORCEMENT OF FINAL JUDGMENTS [AMENDED] [Editorial changes only] 1.580.
WRIT OF POSSESSION [AMENDED] [Editorial changes only] 1.590.
PROCESS IN BEHALF OF AND AGAINST PERSONS NOT PARTIES [AMENDED] [Editorial changes only] 1.600.
DEPOSITS IN COURT [NO CHANGE] 1.610.
INJUNCTIONS [AMENDED] [Editorial changes only] 1.611.
DISSOLUTION OF MARRIAGE (DIVORCE)MARITAL AND POST-MARITAL PROCEEDINGS [AMENDED] 1.612,.-TERMINATION OF PREGNANCIES OF UNMARRIED MINORS [DELETED] 1.620.
RECEIVERS [AMENDED] [Editorial changes only] 1.625.
PROCEEDINGS AGAINST SURETY ON JUDICIAL BONDS [NO CHANGE] 1.630.
EXTRAORDINARY REMEDIES [Editorial changes only] 1.650.
MEDICAL MALPRACTICE PRE-SUIT SCREENING RULES [AMENDED] 1.700.
RULES COMMON TO MEDIATION GRAND ARBITRATION [AMENDED] [Editorial changes only] 1.710.
MEDIATION RULES [AMENDED] [Editorial changes only] 1.720.
MEDIATION PROCEDURES [AMENDED] [Editorial changes only] 1.730.
COMPLETION OF MEDIATION [AMENDED] [Editorial changes only] 1.740.
FAMILY MEDIATION [NO CHANGE] 1.750.
SMALL CLAIMS MATTERS [NO CHANGE] 1.800.
CASE ELIGIBILITY FOR COURT-ORDERED NON-BINDING ARBITRATION [AMENDED] [Editorial changes only] 1.810.
SELECTION, QUALIFICATION, TRAINING, AND COMPENSATION OF ARBITRATORS [AMENDED] [Editorial changes only] 1.820.
HEARING PROCEDURES FOR NON-BINDING ARBITRATION [AMENDED] [Editorial changes only] 1.830.
VOLUNTARY BINDING ARBITRATION [AMENDED] [Editorial changes only] 1.900.
FORMS [AMENDED] [Editorial changes only] 1.901.
CAPTION [AMENDED] [Editorial changes only] 1.902.
SUMMONS [AMENDED] 1.903.
CRQSS-CLA-IMCROSSCLAIM SUMMONS [AMENDED] [Editorial changes only] 1.904.
THIRD=PARTY SUMMONS [NO CHANGE] 1.905.
ATTACHMENT [AMENDED] [Editorial changes only] 1.906.
ATTACHMENT — FORECLOSURE [AMENDED] [Editorial changes only] 1.907.
GARNISHMENT [AMENDED] 1.908.
REPLEVIN [AMENDED] [Editorial changes only] 1.909.
DISTRESS [AMENDED] [Editorial changes only] 1.910.
SUBPOENA FOR TRIAL [AMENDED] [Editorial changes only] 1.911.
SUBPOENA DUCES TECUM FOR TRIAL [AMENDED] [Editorial changes only] 1.912.
SUBPOENA FOR DEPOSITION [AMENDED] [Editorial changes only] 1.913.
SUBPOENA DUCES TECUM FOR DEPOSITION [AMENDED] [Editorial changes only] 1.914.
EXECUTION [NO CHANGE] 1.915.
WRIT OF POSSESSION [AMENDED] [Editorial changes only] 1.916.
REPLEVIN ORDER TO SHOW CAUSE [AMENDED] [Editorial changes only] 1.917.
NE EXEAT [AMENDED] [Editorial changes only] 1.918.
LIS PENDENS [AMENDED] [Editorial changes only] 1.919.
NOTICE OF ACTION; CONSTRUCTIVE SERVICE; — NO PROPERTY [AMENDED] [Editorial changes only] 1.920.
NOTICE OF ACTION; CONSTRUCTIVE SERVICE — PROPERTY [AMENDED] [Editorial changes only] 1.921.
NOTICE OF PRODUCTION FROM NON-PARTY [AMENDED] [Editorial changes only] 1.922.
SUBPOENA DUCES TECUM WITHOUT DEPOSITION [AMENDED] [Editorial changes only] 1.923.
EVICTION SUMMONS/RESIDENTIAL [NO CHANGE] 4,931-- JURISDICTIONAL-STATEMENT — LAW;—ACTIONS FOR.DAMAGES [DELETED] 1.932.
OPEN ACCOUNT [NO CHANGE] 1.933.
ACCOUNT STATED [NO CHANGE] 1.934.
PROMISSORY NOTE [AMENDED] [Editorial changes only] 1.935.
GOODS SOLD [NO CHANGE] 1.936.
MONEY LENT [NO CHANGE] 1.937.
REPLEVIN [AMENDED] [Editorial changes only] 1.938.
FORCIBLE ENTRY AND DETENTION [AMENDED] [Editorial changes only] 1.939.
CONVERSION [AMENDED] [Editorial changes only] 1.940.
EJECTMENT [AMENDED] [Editorial changes only] 1.941.
SPECIFIC PERFORMANCE [AMENDED] [Editorial changes only] 1.942.
CHECK [AMENDED] [Editorial changes only] 1.943(a).
PETITION FOR DISSOLUTION OF MARRIAGE [AMENDED] [Editorial changes only] 1.943(b), PETITION FOR SIMPLIFIED DISSOLUTION OF MARRIAGE 1.943(c).
CERTIF-IGAT-E-OF- CORROBORATING WITNESS 1.943(d), FINA-N-CIA-L-AF-F-I-DA-V-I-T-dPOR SIMPLIFIED — DISSOLUTION.OF—MARRIAGE 1.943(e).
PROPERTY-SETTLEMENT AGREEMENT FOR SIMPLIFIED DISSOLUTION OF MARRIAGE [(b) THROUGH (e) AMENDED AND CONSOLIDATED WITH 1.943(a)] [Editorial changes only] 1.944.
MORTGAGE FORECLOSURE [AMENDED] [Editorial changes only] 1.945.
MOTOR VEHICLE NEGLIGENCE [AMENDED] [Editorial changes only] 1.946.
MOTOR VEHICLE NEGLIGENCE WHEN PLAINTIFF IS UNABLE TO DETERMINE WHO IS RESPONSIBLE [AMENDED] [Editorial changes only] 1.947.
TENANT EVICTION [NO CHANGE] 1.948.
THIRD=PARTY COMPLAINT.
GENERAL FORM [AMENDED] [Editorial changes only] 1.949.
IMPLIED WARRANTY [AMENDED] [Editorial changes only] 1.951.
FALL-DOWN NEGLIGENCE COMPLAINT [AMENDED] [Editorial changes only] 1.960.
BOND.
GENERAL FORM [AMENDED] 1.961.
VARIOUS BOND CONDITIONS [AMENDED] [Editorial changes only] 1.965.
DEFENSE.
STATUTE OF LIMITATIONS [AMENDED] [Editorial changes only] 1.966.
DEFENSE.
PAYMENT [NO CHANGE] 1.967.
DEFENSE.
ACCORD AND SATISFACTION [NO CHANGE] 1.968.
DEFENSE.
FAILURE OF CONSIDERATION [AMENDED] [Editorial changes only] 1.969.
DEFENSE.
STATUTE OF FRAUDS [AMENDED] [Editorial changes only] 1.970.
DEFENSE.
RELEASE [NO CHANGE] 1.971.
DEFENSE.
MOTOR VEHICLE CONTRIBUTORY NEGLIGENCE [AMENDED] [Editorial changes only] 1.972.
DEFENSE.
ASSUMPTION OF RISK [AMENDED] [Editorial changes only] 1.975.
FINANCIAL STATEMENT FOR DISSOLUTION OF MARRIAGE (DIVORCE) [AMENDED] [Editorial changes only] 1.976.
STANDARD INTERROGATORIES [AMENDED] [Editorial changes only] 1.980.
DEFAULT [NO CHANGE] 1.982.
CONTEMPT NOTICE [AMENDED] [Editorial changes only] 1.983.
PROSPECTIVE JUROR QUESTIONNAIRE [AMENDED] [Editorial changes only] 1.984.
JUROR VOIR DIRE QUESTIONNAIRE [AMENDED] [Editorial changes only] 1.985.
STANDARD JURY INSTRUCTIONS [AMENDED] [Editorial changes only] 1.986.
VERDICTS [AMENDED] [Editorial changes only] 1.988.
JUDGMENT AFTER DEFAULT [AMENDED] [Editorial changes only] 1.989.
JUDGMENT DISMISSING FOR LACK OF PROSECUTION [AMENDED] [Editorial changes only] 1.990.
JURY ACTION FOR DAMAGES [AMENDED] [Editorial changes only] 1.991.
JURY ACTION FOR DAMAGES [AMENDED] [Editorial changes only] 1.993.
GENERAL FORM.
NON-JURY [NO CHANGE] 1.994.
GENERAL FORM.
NON-JURY [AMENDED] [Editorial changes only] 1.995(a).
FINAL JUDGMENT DISSOLVING MARRIAGE [AMENDED] [Editorial changes only] 1.995(b).
FINAL JUDGMENT DISSOLVING MARRIAGE UNDER SIMPLIFIED DISSOLUTION PROCEDURE [AMENDED AND CONSOLIDATED WITH 1.995(a) ] [Editorial changes only] 1.996.
FINAL JUDGMENT OF FORECLOSURE [AMENDED] 1.997.
CIVIL COVER SHEET [NO CHANGE] 1.998.
FINAL DISPOSITION FORM [NO CHANGE] APPENDIX — INTERROGATORIES [AMENDED] RULE 1.010.
SCOPE AND TITLE OF RULES These rules apply to all actions of a civil nature and all special statutory proceedings in the circuit courts and county courts except those to which the probate and guardianship Florida Probate rRules or the summar-y-claims — procedure Small Claims rRules apply.
The form, content, proce-curej and time for pleading in all special statutory proceedings shall be as prescribed by the statutes governing the proceeding unless these rules specifically provide to the contrary.
These rules shall be construed to secure the just, speedy¿ and inexpensive determination of every action.
These rules shall be known as the Florida Rules of Civil Procedure and abbreviated as Fla.R.Civ.P. RULE 1.040.
ONE FORM OF ACTION There shall be one form of action to be known as “civil action-.” RULE 1.060.
TRANSFERS OF ACTIONS (a) Transfers of Courts.
If it should appear at any time that an action is pending in the wrong court of any county, it may be transferred to the proper court within said county by the same method as provided in Rrule 1.170(j). (b) Wrong Venue.
When any action is filed laying venue in the wrong county, the court may transfer the action in the manner provided in Rrule 1.170(j) to the proper court in any county where it might have been brought in accordance with the venue statutes.
When the venue might have been laid in tw©2 or more counties, the person bringing the action may select the county to which the action is transferred, but if no such selection is made, the matter shall be determined by the court. (c) Method.
The service charge of the clerk of the court to which an action is transferred under this rule shall be paid by the party who commenced the action within 30 days from the date the order of transfer is entered, subject to taxation as provided by law when the action is determined.
If the service charge is not paid within the 30 days, the action shall be dismissed without prejudice by the court that entered the order of transfer. Court Commentary 1984 Amendment.
Because of confusion in some circuits, subdivision (c) is added: (a) to specify who is to pay the clerk’s service charge on transfer; (b) to provide for the circumstance in which the service charge is not paid; and (c) to require the dismissal to be by the court which entered the order of transfer. RULE 1.070.
PROCESS (a) Summons — ; Issuance.
Upon the commencement of the action, summons or other process authorized by law shall be issued forthwith by the clerk or judge under his the clerk's or the judge’s signature and the seal of the court and delivered for service without praecipe. (b) Service — ; By Whom Made.
Service of process may be made by an officer authorized by law to serve process, but the court may appoint any competent person not interested in the action to serve the process.
When so appointed, the person serving process shall make proof of service by affidavit promptly and in any event within the time during which the person served must respond to the process.
Failure to make proof of service shall not affect the validity of the service.
When any process is returned not executed or returned improperly executed for any defendant, the party causing its issuance shall be entitled to such additional process against the unserved party as is required to effect service. (c) Same — ervice; Numerous Defendants.
If there is more than one 1 defendant, the clerk or judge shall issue as many writs of process against the several defendants as may be directed by the plaintiff or his the plaintiffs attorney. (d)-Same — Proceed-Against-Those Served, — When action is brought against two or more defendants - and process is served on one or more, but not on all, and the person making service returns that-any defendant not served does not reside in the county, the plaintiff may-proceed against the defendants served, noting the fact of non-service as to-the defendants not served or the plaintiff at his option may order additional process-to be delivered to the sheriffs -of the counties in which such-defendants reside to be — served on them.
Nothing in this rule shall be construed to prevent-the plaintiff from bringing-action thereafter — against—any—defendant—net served for the same claim-but the plaintiff shall have satisfaction -of-only one judgment rendered for the same claim,- (e)(d) Service by Publication.
Service of process by publication may be made as provided by statute. (f)(e) Copies of Initial Pleading for Persons Served.
At the time of personal service of process a copy of the initial pleading shall be delivered to the party upon whom service is made.
The date and hour of service shall be endorsed on the original process and all copies of it by the person making the service.
The party seeking to effect personal service shall furnish the person making service with the necessary copies.
When the service is made by publication, copies of the initial pleadings shall be furnished to the clerk and mailed by him the clerk with the notice of action to all parties whose addresses are stated in the initial pleading or sworn statement. (g)(f) Service of Orders.
If personal service of a court order is to be made, the original order shall be filed with the clerk;, who shall certify or verify a copy of it without charge.
The person making service shall use the certified copy instead of the original order in the same manner as original process in making service. (h)(g) Fees — ; Service of Pleadings.
The statutory compensation for making service shall not be increased by the simultaneous delivery or mailing of the copy of the initial pleading in conformity with this rule. (i)(h) Pleading Basis.
When service of process is to be made under statutes authorizing service on nonresidents of Florida, it is sufficient to plead the basis for service in the language of the statute without pleading the facts supporting service. -3 B M ►3 P B W H H O 3 P H ¾ m ¾ H B H ⅛ ¾ 3 ⅞ O «-I B Bl q ¾! i-3 !>, O H ¾ zn 3 H B M O > W ¾ m B H M ⅛) O W >-3 B ORDERED at..
Florida, on .19. (Name of Clerk) As Clerk of the Court As Deputy Clerk Committee Notes 1992 Amendment.
Statutes.
This form is to be used to effectuate section 77.0305, Florida FORM 1.908.
REPLEVIN WRIT OF REPLEVIN THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to replevy the goods and chattels in possession of the defendant, ., described as follows: (describe property) and to dispose of it according to law.
DATED on ., 19. (Name of Clerk) As Clerk of the Court By - As Deputy Clerk
The form is amended in accordance with the statutory changes as a result of Fuentes v. Shevin, 407 U.S. 67, 92 S.Ct. 1983, 32 L.Ed.2d 556 (1972).
The sheriff is commanded to dispose of the property according to law because of the conflict between sections 78.068(4) and 78.13, Florida Statutes (1979).
The former apparently contemplates that the sheriff will hold the property for fee 5 days within which the bond can be posted^ while the latter still retains the old three ¿bRay time period.
FORM 1.909.
DISTRESS DISTRESS WRIT THE STATE OF FLORIDA: To Tthe Sheriff of.
County, Florida: YOU ARE COMMANDED to serve this writ and a copy of the complaint on defendant This distress writ subjects all property liable to distress for rent on the following property in .
County, Florida: (describe property) Each defendant is enjoined from damaging, disposing of, secretingz or removing any property liable to be distrained from the rented real property after the time of service of this writ until the sheriff levies on the property or this writ is vacated or the court otherwise orders.
If a defendant does not move for dissolution of the writ, the court may order the sheriff to levy on the property liable to distress forthwith after 20 days from the time the complaint in this action is served.
The amount claimed in the complaint is the sum of $. with interest and costs.
DATED on ., 19.
Judge
This form is substantially revised to comply with the statutory changes in section 83.12, Florida Statutes, as amended in 1980 to overcome the unconstitutionality of distress proceedings.
See Phillips v. Guin & Hunt, Inc., 344 So. 2d 568 (Fla.1977).
Because the revision is substantial, no struck-through or underscored”type is indicated.
FORM 1.910.
SUBPOENA FOR TRIAL SUBPOENA THE STATE OF FLORIDA: TOr .: YOU ARE COMMANDED to appear before the Honorable ., Judge of the Court, at the.County Courthouse in., Florida, on., 19., at.Mm., to testify in this action.
You are subpoenaed to appear by the following attorneys, and unless excused from this subpoena by these attorneys or the court, you shall respond to this subpoena as directed.
DATED on ., 19. (Name of Clerk) As Clerk of the Court By - As Deputy .Clerk Attorney for Address Florida Bar No. FORM 1.911.
SUBPOENA DUCES TECUM FOR TRIAL SUBPOENA DUCES TECUM THE STATE OF FLORIDA: TO; .: YOU ARE COMMANDED to appear before the Honorable ..
Judge of the Court, at the.County Courthouse in., Florida, on.,19.. at.Mm., to testify in this action and to have with you at that time and place the following: .
You are subpoenaed to appear by the following attorneys^ and unless excused from this subpoena by these attorneys or the court, you shall respond to this subpoena as directed.
DATED on .,19. (Name of Clerk) As Clerk of the Court By - As Deputy Clerk Attorney for Address Florida Bar No. FORM 1.912.
SUBPOENA FOR DEPOSITION SUBPOENA FOR DEPOSITION THE STATE OF FLORIDA: TO; .: YOU ARE COMMANDED to appear before a person authorized by law to take depositions at . in ..
Florida, on ., 19., at.Mm., for the taking of your deposition in this action.
You are subpoenaed to appear by the following attorneys, and unless excused from this subpoena by these attorneys or the court, you shall respond to this subpoena as directed.
DATED on .. 19. (Name of Clerk) As Clerk of the Court By - As Deputy Clerk Attorney for Address Florida Bar No. FORM 1.913.
You are subpoenaed to appear by the following attorneysz and unless excused from this subpoena by these attorneys or the court, you shall respond to this subpoena as directed.
DATED on .. 19. (Name of Clerk) As Clerk of the Court By - As Deputy Clerk Attorney for Address Florida Bar No. FORM 1.915.
WRIT OF POSSESSION WRIT OF POSSESSION THE STATE OF FLORIDA: To the Sheriff of .
County, Florida: YOU ARE COMMANDED to remove all persons from the following described property in .
County, Florida: (describe property) and to put . in possession of it.
DATED on .,19. (Name of Clerk) As Clerk of the Court By - As Deputy Clerk Committee Notes 1973 Amendment.
The form is changed to make the direction conform to the statutory requirement in § section 48.011z Florida Statutes. 1980 Amendment.
The direction on this form is changed to the sheriff of the county where the property is located^ and the conclusion is modernized.
FORM 1.916.
REPLEVIN ORDER TO SHOW CAUSE ORDER TO SHOW CAUSE THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to serve this order on defendant.L by personal service as provided by law, if possible, or, if you are unable to personally serve the defendant within the time specified, by placing a copy of this order with a copy of the summons on the claimed property located at., Florida^ within. days.
Nonpersonal service as provided in this order shall be effective to afford notice to defendant of this order, but for no other purpose.
Defendant shall show cause before the Honorable., on., 19.. at.Mm. in the.County Courthouse in., Floridaz why the property claimed by plaintiff in the complaint filed in this action should not be taken from the possession of defendant and delivered to plaintiff. Defendant may file affidavits, appear personally or with an attorney and present testimony at the time of the hearing, or, on a finding by the court pursuant to section 78.067(2), Florida Statutes (1979), that plaintiff is entitled to possession of the property described in the complaint pending final adjudication of the claims of the parties, may file with the court a written undertaking executed by a surety approved by the court in an amount equal to the value of the property to stay an order authorizing the delivery of the property to plaintiff.
If defendant fails to appear as ordered, defendant shall be deemed to have waived the right to a hearing.
The court may thereupon order the clerk to issue a writ of replevin.
ORDERED fe at ..
Florate^ on ., 19.
Judge Committee Notes 1980 Adoption.
Former Fform 1.916 is repealed because of the consolidation of writs of assistance with writs of possession.
The new form is the replevin order to show cause prescribed by section 78.065, Florida Statutes (1979).
FORM 1.917.
NE EXEAT WRIT OF NE EXEAT THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to detain the defendant ., and to require him the defendant to give bond in the sum of $. payable to the Governor of Florida and his the Governor’s successors in office conditioned that the defendant will answer plaintiffs pleading in this action and will not depart from the state without leave of court and will comply with the lawful orders of this court, with sureties to be approved by the clerk of this court.
If the defendant does not give the bond, he the defendant shall be taken into custody and be confined in the .
County jail until he the defendant gives the bond or until further order of this court.
If the defendant does not give the bond, he the defendant shall be brought before a judge of this court within 24 hours of his confinement.
DATED on .. 19. (Name of Clerk) As Clerk of the Court By - As Deputy Clerk Committee Notes 1976 Amendment.
See Attorney General’s Opinion 1976 Op. Att’y Gen. Fla. 076-13 (Jan. 23, 1976).
FORM 1.918.
LIS PENDENS NOTICE OF LIS PENDENS TO DEFENDANT ..
AND ALL OTHERS WHOM IT MAY CONCERN: YOU ARE NOTIFIED of the institution of this action by the plaintiff against you seeking (“to foreclose a mortgage on” or “to partition” or “to quiet title to” or “a divorce and relief concerning” or other type of action) the following property in .
County, Florida: (legal description of property) DATED on .,19. (Attorney's signature) Attorney for Address Florida Bar No, FORM 1.919.
NOTICE OF ACTION; CONSTRUCTIVE SERVICE; — NO PROPERTY NOTICE OF ACTION TO; .: YOU ARE NOTIFIED that an action for (“dissolution of marriage” or “construction of a will” or “re-establishment of a lost deed” or other type of action) has been filed against you and you are required to serve a copy of your written defenses, if any, to it on ., tiie plaintiffs attorney, whose address is., on or before., 19., and file the original with the clerk of this court either before service on the plaintiffs attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in the complaint or petition.
DATED on ., 19. (Name of Clerk) As Clerk of the Court By - As Deputy Clerk NOTE: This form must be modified to name the other defendants when there are multiple defendants and all are not served under the same notice.
See section 49.08(1), Florida Statutes (1979).
FORM 1.920.
NOTICE OF ACTION; CONSTRUCTIVE SERVICE — PROPERTY NOTICE OF ACTION TO; YOU ARE NOTIFIED that an action to (“enforce a lien on” or “foreclose a mortgage on” or “quiet title to” or “partition” or other type of action) the following property in .
County, Florida: (describe property) has been filed against you and you are required to serve a copy of your written defenses, if any, to it on .. the plaintiffs attorney, whose address is ., on or before., 19.. and file the original with the clerk of this court either before service on the plaintiffs attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in the complaint or petition.
DATED on ., 19. (Name of Clerk) As Clerk of the Court By - As Deputy Clerk NOTE: This form must be modified to name the other defendants when there are multiple defendants and all are not served under the same notice.
See section 49.08(1), Florida Statutes (1979).
FORM 1.921.
DATED on . 19.
Attorney for Address Florida Bar No. NOTE: This form of notice is for use with Rrule 1.351. A copy of the subpoena must be attached to this form for it to comply with the rule.
Committee Notes 1980 Adoption.
FORM 1.922.
SUBPOENA DUCES TECUM WITHOUT DEPOSITION (a) When Witness Has Option to Furnish Records Instead of Attending Deposition.
SUBPOENA DUCES TECUM THE STATE OF FLORIDA: TO; .: YOU ARE COMMANDED to appear at.in..
Florida, on.,19.¿at.Aim., and to have with you at that time and place the following: .
These items will be inspected and may be copied at that time.
You will not be required to surrender the original items.
You may comply with this subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production.
You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation.
You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate your appearance at the time and place specified above.
You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena.
If you fail to: (1) appear as specified; or (2) furnish the records instead of appearing as provided above; or (3) object to this subpoena, you may be in contempt of court.
You are subpoenaed to appear by the following attorneys¿ and unless excused from this subpoena by these attorneys or the Ccourt, you shall respond to this subpoena as directed.
DATED on ., 19. (Name of Clerk) As Clerk of the Court By - As Deputy Clerk Attorney for Address Florida Bar No. (b) When Witness Must Appear and Produce the Records.
THE STATE OF FLORIDA: TO: .
YOU ARE COMMANDED to appear at.in., Florida, on.,19., at.-Mm., and to have with you at that time and place the following: .
These items will be inspected and may be copied at that time.
You will not be required to surrender the original items.
You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena.
If you fail to: (1) appear or furnish the records at the time and place specified instead of appearing; or (2) object to this subpoena, you may be in contempt of court.
DATED on ., 19 (Name of Clerk) As Clerk of the Court By - As Deputy Clerk Attorney for Address Florida Bar No. NOTE: Both of these forms are to be used for production of documents under Rrule 1.351.
Form (a) is used when the person having the records may furnish copies to the subpoenaing attorney instead of appearing at the time and place specified in the subpoena.
Form (b) is used when the records must be produced at that time and place.
Committee Notes 1980 Adoption.
FORM 1.923.
EVICTION SUMMONS/RESIDENTIAL EVICTION SUMMONS/RESIDENTIAL TO: .
Defendant(s) PLEASE READ CAREFULLY You are being sued by.to require you to move out of the place where you are living for the reasons given in the attached complaint.
You are entitled to a trial to decide whether you can be required to move, but you MUST do ALL of the things listed below.
You must do them within FIVE (5) days (not including Saturday, Sunday, or any legal holiday) after the date these papers were given to you or to a person who lives with you or were posted at your home.
THE THINGS YOU MUST DO ARE AS FOLLOWS: (1)Write down the reason(s) why you think you should not be forced to move.
The written reason(s) must be given to the court clerk at .
County Courthouse ., Florida (2)Mail or take a copy of your written reason(s) to: Plaintiff/Plaintiffs Attorney Address (3) Give the court clerk the rent that is due.
You MUST pay the clerk the rent each time it becomes due until the lawsuit is over. Whether you win or lose the lawsuit, the judge may pay this rent to the landlord. (4) If you and the landlord do not agree on the amount of rent owed, give the court clerk the money you say you owe.
Then before the trial you must ask the judge to set up a hearing to decide what amount should be given to the court clerk.
IF YOU DO NOT DO ALL OF THESE THINGS WITHIN 5 WORKING DAYS, YOU MAY BE EVICTED WITHOUT A HEARING OR FURTHER NOTICE THE STATE OF FLORIDA: TO EACH-SHERIFF OF-THE STATE To Each Sheriff of the State: You are commanded to serve this summons and a copy of the complaint in this lawsuit on the above-named defendant.
DATED ON on 19 Clerk of the County Court By: - Deputy Clerk Committee Notes 1988 Adoption.
This form is recommended was added to inform those sought to be evicted of the procedure they must follow to resist eviction.
FORM 1.931.
JURISDICTIONAL STATEMENT — LAW; ACTIONS FOR DAMAGES ACTION FOR DAMAGES This is an action for damages that (a) — do--aot exceed $1-500 (b) — exceed $500Q (e) — exceed $1500 but-do not exceed $5000.
NOTE: Choice (a) is-f-or-the small claims division of-county court; (b) for circuit court and (c) for-county court-without summary procedure. 1980 Amendment. — The-form has been modernized-by-inserting-the amounts that-are now applicable under the-constitution and general law. — Formerly the number of courts and varying jurisdictions-did not-make-completion of the blanks for the amounts practicable, 1992 Amendment.
This form was repealed because of the inability to ensure the form's correctness at any given time due to statutory changes in the courts’ jurisdictional limits.
It should be noted that in actions for damages an allegation of the court’s proper .jurisdictional amount is required.
FORM 1.934.
PROMISSORY NOTE COMPLAINT Plaintiff, A.B., sues defendant, C.D., and alleges: 1.
On.,19., defendant executed and delivered a promissory note, a copy being attached, to plaintiff in .
County, Florida. 3.
Plaintiff owns and holds the note. 4.
Defendant failed to pay (Uuse Aa or Bb) (A)a. the note when due. (B)b. the installment payment due on the note on ., 19., and plaintiff elected to accelerate payment of the balance. 5.
Defendant owes plaintiff $. that is due with interest since ., 19., on the note. 6.
Plaintiff is obligated to pay his/her attorneys a reasonable fee for their services.
NOTE: A copy of the note must be attached.
Use paragraph 4Aa. or Bb. as applicable and paragraph 6 if appropriate.
Paragraph 3 is added to show ownership of the note, and paragraph 4 is clarified to show that either 4A,a or 4B,b is used, but not both.
FORM 1.937.
REPLEVIN COMPLAINT Plaintiff, A.B., sues defendant, C.D., and alleges: 1.This is an action to recover possession of personal property in.
The description of the property is: (list property) To the best of plaintiff’s knowledge, information and belief, the value of the property is 3.
Plaintiff is entitled to the possession of the property under a security agreement dated ., 19., a copy of the agreement being attached. 4.To plaintiffs best knowledge, information and belief, the property is located at 5.
The property is wrongfully detained by defendant.
Defendant came into possession of the property by (method of possession).
To plaintiffs best knowledge, information and belief, defendant detains the property because (give reasons). 6.
The property has not been taken for any tax, assessment or fine pursuant to law. 7.
The property has not been taken under an execution or attachment against plaintiffs property.
WHEREFORE plaintiff demands judgment for possession of the property.
NOTE: Paragraph 3 must be modified if the right to possession arose in another manner. Allegations and a demand for damages, if appropriate, can be added to the form.
The form is amended to comply with the amendments to the replevin statutes pursuant to Fuentes v. Shevin, 407 U.S. 67, 92 S.Ct. 1983, 32 L.Ed.2d 556 (1972).
FORM 1.938.
FORCIBLE ENTRY AND DETENTION COMPLAINT Plaintiff, A.B., sues defendant, C.D., and alleges: 1.
This is an action to recover possession of real property unlawfully (forcibly) detained in .
Plaintiff is entitled to possession of the following real property in said county: (linsert description of property) 3.
Defendant has unlawfully (forcibly) turned plaintiff out of and withholds possession of the property from plaintiff.
WHEREFORE plaintiff demands judgment for possession of the property and damages against defendant.
NOTE: Substitute “forcibly” for “unlawfully” or add it as an alternative when applicable.
This form cannot be used for residential tenancies.
FORM 1.939.
CONVERSION COMPLAINT Plaintiff, A.B., sues defendant, C.D., and alleges: 1.
On or about ., 19., defendant converted to his/her own use (insert description of property converted) that was then the property of plaintiff of the value of $.
FORM 1.940.
EJECTMENT COMPLAINT Plaintiff, A.B., sues defendant, C.D., and alleges: 1.
This is an action to recover possession of real property in .
Defendant is in possession of the following real property in the county: (©describe property) to which plaintiff claims title as shown by the attached statement of plaintiff’s chain of title. 3.Defendant refuses to deliver possession of the property to plaintiff or pay fete plaintiff the profits from it.
WHEREFORE plaintiff demands judgment for possession of the property and damages against defendant.
NOTE: A statement of plaintiff’s chain of title must be attached.
The words “possession of” are inserted in paragraph 1 for clarification.
FORM 1.941.
SPECIFIC PERFORMANCE COMPLAINT Plaintiff, A.B., sued defendant, C.D., and alleges: 1.
This is an action for specific performance of a contract to convey real property in .
On ., 19., plaintiff and defendant entered into a written contract, a copy being attached. 3.
Plaintiff tendered the purchase price to defendant and requested a conveyance of the real property described in the contract. 4.
Defendant refused to accept the tender or to make the conveyance. 5.
Plaintiff offers to pay the purchase price.
WHEREFORE plaintiff demands judgment that defendant be required to perform the contract for damages.
NOTE: A copy of the sales contract must be attached.
Paragraph 3 is divided into two 2 paragraphs to properly accord with Rrule 1.110(f).
FORM 1.942.
CHECK COMPLAINT Plaintiff, A.B., sues defendant, C.D., and alleges: 1.
On.,19., defendant executed a written order for the payment of $., commonly called a check, a copy being attached, payable to the order of plaintiff and delivered it to him plaintiff. 3.
The check was presented for payment to the drawee bank but payment was refused. 4.
Plaintiff holds the check and it has not been paid. 5.
Defendant owes plaintiff $. that is due with interest from ., 19., on the check.
NOTE: A copy of the check must be attached.
Allegations about endorsements are omitted from this form and must be added when proper.
Paragraph 4 is divided into two 2 paragraphs to properly accord with Rrule 1.110(f).
FORM 1.943(a).
PETITION FOR DISSOLUTION OF MARRIAGE (a) Petition.
General Form.
PETITION FOR DISSOLUTION OF MARRIAGE The petition of A.B. shows: 1.
This is an action for dissolution of the marriage between petitioner and respondent, C.D. 2.
Petitioner has been a resident of Florida for more than sis 6 months next before filing the petition. 3.
Petitioner and respondent were married to each other on., 19.¿ at (place of marriage). 4.
The marriage between the parties is irretrievably broken.
WHEREFORE petitioner demands a judgment dissolving the marriage.
NOTE: Allegations about joint property, alimony, custody, attorney’s’ fees¿ and temporary relief are omitted from this form and must be added when proper. Similarly, a demand for judgment for these items must be added when proper. Verified allegations or an affidavit must be used when child custody is an issue.
See fsection 61.132, Florida Statutes (1979).
Committee-Notes -1-880 Amendment. -The-for-m is amended-to-change the demand for judgment to comply with Rule 1.110(b) and-to-make editorial changes.- FORM 1.943(b).
PETITION FOR SIMPLIFIED DISSOLUTION OF MARRIAGE (b) Petition for Simplified Dissolution of Marriage.
PETITION FOR SIMPLIFIED DISSOLUTION OF MARRIAGE The petition of Husband and Wife shows: 1.
This is a petition for dissolution of marriage. 2.
The Husband and the Wife or one of them has been a resident of Florida for at least six- -(6) months immediately prior to filing this petition. 3.
Husband and Wife were married to each other on ., 19., at 4.
The marriage between the parties is irretrievably broken. 5.
There are no minor or dependent children of the parties and the Wife is not pregnant. 6.
The parties have made provisions for the division of their property and the payment of their joint obligations.
They are satisfied with those provisions. [The property settlement agreement entered into by the parties and a financial affidavit from each party are attached.] 7.
The parties understand that they may have legal rights against each other arising out of the marital relationship and that by signing this petition they may be giving up those rights. 8.
Each party certifies that he/she has not been threatened or pressured into signing this petition.
Each understands that the result of signing this petition may be a final dissolution of the marriage with no further relief. 9.
The parties understand that they are required to appear before the judge to testify as to the matters contained in this petition. 10.
The address of each party is as stated below. 11.
The Wife wishes to have her former name restored to her. (Yes.No.) If “Yes,” state Wife’s former name: .
Wherefore,- HEREFORE Husband and Wife ask the Ceourt to dissolve the marriage existing between them.
UNDER PENALTY OF PERJURY, WE CERTIFY THE FOREGOING FACTS ARE TRUE.
Wife’s signature Husband’s signature Wife’s name typed Husband’s name typed Wife’s residence address Husband’s residence address SWORN TO AND SIGNED SUBSCRIBED before me this.day of., 19.
CLERK OF THE CIRCUIT COURT Clerk of the Circuit Court By-DEPUTE-CLERK Deputv Clerk (NOTE; The property settlement agreement and financial affidavits should be used only when the-Gir-cumstances are appropriate for their inclusion in the proceeding,) FORM-1.943(c).
CERTIFICATE OF CORROBORATING WITNESS (c) Certificate of Corroborating Witness CERTIFICATE OF CORROBORATING WITNESS RE: . v., Case No. .(linsert information on case).
UNDER PENALTY OF PERJURY I CERTIFY that I am a resident of the State of Florida; I have known.(insert name of Husband or Wife).for more than six 6 months preceding., 19., the date of the filing of the petition in this action, and I know of my own personal knowledge that such person has resided in the State of Florida for at least that period of time.
Witness’ Signature Witness’ Name Typed Witness’ Residence Address SWORN TO AND SIGNED SUBSCRIBED before me this . day of .. 19.
CLERK OF THE COURT Clerk of the Circuit Court OR NOTARY PUBLIC or Notary Public FORM--1J)43(d), FINANCIAL AFFIDAVIT FOR SIMPLIFIED DISSOLUTION OF MARRIAGE (d) Financial Affidavit for Simplified Dissolution of Marriage.
FINANCIAL AFFIDAVIT STATE OF FLORIDA COUNTY OF .
Before me, the undersigned authority, personally appeared., who was sworn and says that the following statement of affiant’s income, assets, and liabilities is true: Occupation .
Employed by .:.
Business address .
Pay period .
ITEM 1: INCOME (Averaged on c3 ⅜1 PÍ Average GROSS Wwage Less ©deductions Federal lineóme Ttax Social Security Other Total ©deductions Average NET Wwage Other lineóme TOTAL NET INCOME ITEM 2: ASSETS Cash on hand or in banks V» Stocks, bonds, notes *!, VI, Real estate Home Other Automobiles Other personal property v« Other assets TOTAL ASSETS /»*> V •/ ITEM 3: LIABILITIES Real estate mortgages vv Automobile loans Other Nnotes and Lloans Other TOTAL LIABILITIES Affiant Sworn to and subscribed SWORN TO AND SUBSCRIBED before me this.day of .,19.
CLERK OF THE COURT OR NOTARY PUBLIC (NOTE: A financial affidavit may not be necessary in every case, particularly where the parties have already completed a division of their property. A financial affidavit would be appropriate, however, where there is a continuing obligation of one or both parties because of the property agreement.) FORM 1.943(e).
PROPERTY SETTLEMENT AGREEMENT FOR SIMPLIFIED DISSOLUTION OF MARRIAGE (e) Property Settlement Agreement for Simplified Dissolution of Marriage.
PROPERTY SETTLEMENT AGREEMENT We, . (the Husband) and . (the Wife), were married on .
Because irreconcilable differences have caused the permanent breakdown of our marriage, we have made this agreement to settle once and for all what we owe to each other and what we can expect from each other. Each of us states that nothing has been held back7 and that we have honestly included everything we could think of in listing the money and goods that we own; and each of us states that we believe the other one has been open and honest in writing up this agreement.
Each of us agrees to sign and exchange any papers that might be needed to complete this agreement.
Division of Property We divide our property as follows: 1.
Husband transfers to Wife as her sole and separate property: A. B. C. D. E. F. G. 2.
Wife transfers to Husband as his sole and separate property: A. B. C. D. E. F. G.
Division of Debts 1.
Husband shall pay the following debts and will not at any time hold Wife responsible for them: A. B. C. D. E. 2.
Wife shall pay the following debts and will not at any time hold Husband responsible for them: A. B. C. D. E.
Dated: .
Dated: .
Husband Wife
Form (a) is amended to change the demand for judgment to comply with rule 1.110(b) and to make editorial changes.
FORM 1.944.
MORTGAGE FORECLOSURE COMPLAINT Plaintiff, A.B., sues defendant, C.D., and alleges: 1.
This is an action to foreclose a mortgage on real property in.
On.,19., defendant executed and delivered a promissory note and a mortgage securing payment of the note to plaintiff.
The mortgage was recorded on.,19., in Official Records Book.at page.of the public records of.County, Florida, and mortgaged the property described in the mortgage then owned by and in possession of the mortgagor, a copy of the mortgage containing a copy of the note being attached. 3.
Plaintiff owns and holds the note and mortgage. 4.
The property is now owned by defendant who holds possession. 5.
Defendant has defaulted under the note and mortgage by failing to pay the payment due ., 19., and all subsequent payments. 6.
Plaintiff declares the full amount payable under the note and mortgage to be due. 7.
Defendant owes plaintiff $. that is due on principal on the note and mortgage, interest from., 19., and title search expense for ascertaining necessary parties to this action. 8.
Plaintiff is obligated to pay his plaintiff’s attorneys a reasonable fee for their services.
WHEREFORE plaintiff demands judgment foreclosing the mortgage and, if the proceeds of the sale are insufficient to pay plaintiffs claim, a deficiency judgment.
NOTE: This form is for installment payments with acceleration.
It omits allegations about junior encumbrances, unpaid taxes, and unpaid insurance premiumSj and for a receiver. They must be added when proper. Copies of the note and mortgage must be attached. FORM 1.945.
MOTOR VEHICLE NEGLIGENCE COMPLAINT Plaintiff, A.B., sues defendants, C.D., and E.F., and alleges: 1.
(Use Aa or Bb) Aa.
On or about., 19., defendant, C.D., owned a motor vehicle that was operated with his/her consent by defendant, E.F., at . in ., Florida.
Bb.
On or about ., 19., defendant owned and operated a motor vehicle at . in ., Florida. 3.
At that time and place defendants negligently operated or maintained the motor vehicle so that it collided with plaintiffs motor vehicle. 4.
As a result plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money¿ and aggravation of a previously existing condition.
The losses are either permanent or continuing and plaintiff will suffer the losses in the future.
Plaintiffs automobile was damaged and he/she lost the use of it during the period required for its repair or replacement.
WHEREFORE plaintiff demands judgment for damages against defendants.
NOTE: This form, except for paragraph 2Bb, is for use when owner and driver are different persons.
Use paragraph 2⅛⅛ when they are the same.
If paragraph 2Bb is used, “defendants” must be changed to “defendant” wherever it appears.
This form was changed to show that one of the alternatives in paragraph 2 is used, but not both,, and paragraph 4 has been changed to paraphrase Standard Jury Instruction 6.2.
FORM 1.946.
MOTOR VEHICLE NEGLIGENCE WHEN PLAINTIFF IS UNABLE TO DETERMINE WHO IS RESPONSIBLE COMPLAINT Plaintiff, A.B., sues defendants, C.D., and E.F., and alleges: 1.
On or about., 19., defendant, C.D., or defendant, E.F., or both defendants, owned and operated motor vehicles at . in ., Florida. 3.
At that time and place defendants, or one of them, negligently operated or maintained their motor vehicles so that one or both of them collided with plaintiffs motor vehicle. 4.
As a result plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money1 and aggravation of a previously existing condition.
The losses are either permanent or continuing and plaintiff will suffer the losses in the future.
Plaintiff’s automobile was damaged and he/she lost the use of it during the period required for its repair or replacement.
WHEREFORE plaintiff demands judgment for damages against defendants.
NOTE: Allegations when owner and driver are different persons are omitted from this form and must be added when proper.
Paragraph 4 is changed to paraphrase Standard Jury Instruction FORM 1.948.
THIRD-PARTY COMPLAINT.
GENERAL FORM THIRD-PARTY COMPLAINT Defendant, C.D., sues third-party defendant, E.F., and alleges: 1.
Plaintiff filed a complaint against defendant, C.D., a copy being attached. 2.(State the cause of action that C.D. has against E.F. for all or part of what A.B. may recover from C.D. as in an original complaint.) WHEREFORE defendant, C.D., demands judgment against the third-party defendant, E.F., for all damages that are adjudged against defendant, C.D., in favor of plaintiff.
NOTE: A copy of the complaint from which the third-party complaint is derived must be attached.
IMPLIED WARRANTY COMPLAINT Plaintiff, A.B., sues defendant, C.D., and alleges: 1.
Defendant manufactured a product known and described as (describe product). 3.
Defendant warranted that the product was reasonably fit for its intended use as (describe intended use). 4.
On., 19., at.in.County, Florida, the product (describe the occurrence and defect that resulted in injury) while being used for its intended purpose, causing injuries to plaintiff who was then a user of the product. 5.
As a result plaintiff was injured in and about his/her body and extremities, suffered pain therefrom, incurred medical expense in the treatment of the injuries, and suffered physical handicapj and his/her working ability was impaired; the injuries are either permanent or continuing in their nature and plaintiff will suffer the losses and impairment in the future.
Committee Notes 1972 Amendment.
This form is changed to require an allegation of the defect in paragraph 4.
Contentions were made in trial courts that the form as presently authorized eliminated the substantive requirement that the plaintiff prove a defect except under those circumstances when substantive law eliminates the necessity of such proof.
Paragraph 4 is amended to show that no substantive law change was intended.
FORM 1.951.
FALL-DOWN NEGLIGENCE COMPLAINT COMPLAINT Plaintiff, A.B., sues defendant, C.D., and alleges: 1.
On ., 19., defendant was the owner and in possession of a building at . in ..
Florida, that was used as a (describe use). 3.
At that time and place plaintiff went on the property to (state purpose). 4.
Defendant negligently maintained (describe item) on the property by (describe negligence or dangerous condition) so that plaintiff fell on the property. 5.
The negligent condition was known to defendant or had existed for a sufficient length of time so that defendant should have known of it. 6.
As a result plaintiff was injured in and about his/her body and extremities, suffered pain therefrom, incurred medical expense in the treatment of the injuries, and suffered physical handicapi and his/her working ability was impaired; the injuries are either permanent or continuing in nature and plaintiff will suffer the losses and impairment in the future.
FORM 1.960.
BOND.
GENERAL FORM (TYPE OF BOND) WE, (Pglaintiff s name), as principal and (^surety's Nname), as Surety, are bound to (©defendant's Nname) in the sum of $. for the payment of which we bind ourselves, our heirs, personal representatives, successors¿ and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if plaintiff shall (insert condition), then this bond is void; otherwise it remains in force.
SIGNED AND SEALED on ., 19.
Approved on 4⅝ (SEAL) As Principal (Surety’s Nname) By As Attorney in Fact As Surety Approved on . 19 (Name of Clerk) As Clerk of the Court By-As Deputy Clerk Committee Notes 1992 Amendment.
The “Approved on .. 19.” line is moved to a location immediately above the clerk’s name.
FORM 1.961.
VARIOUS BOND CONDITIONS The following conditions are to be inserted in the second paragraph of Eform 1.960 in the blank provided for the condition of the bond.
Other proper conditions must be inserted for other types of bonds. (a)Attachment, Garnishment, and Distress. . . . pay all costs and damages that defendant sustains in consequence of plaintiff improperly suing out (type of writ) in this action . . .
NOTE: The condition of an attachment bond in aid of foreclosure when the holder of the property is unknown is different from the foregoing condition.
FORM 1.965.
DEFENSE.
STATUTE OF LIMITATIONS Each cause of action claim, and item of damages did not accrue within the time prescribed by law for them before this action was brought.
FORM 1.968.
DEFENSE.
FAILURE OF CONSIDERATION The sole consideration for the execution and delivery of the promissory note described in paragraph . of the complaint was plaintiff’s promise to loan lend defendant $1,000; plaintiff failed to loan lend the sum to defendant.
NOTE: This form is for failure to complete the loan evidenced by a promissory note.
The contract, consideration^ and default of the plaintiff must be varied to meet the facts of each case.
FORM 1.969.
DEFENSE.
STATUTE OF FRAUDS The agreement alleged in the complaint was not in writing and signed by defendant or by some other person authorized by him defendant and was to answer for the debt, default^ or miscarriage of another person. NOTE: This form is for one of the cases covered by the Statute of Frauds.
It must be varied to meet the facts of other cases falling within the statute.
FORM 1.971, DEFENSE.
MOTOR VEHICLE CONTRIBUTORY NEGLIGENCE Plaintiffs negligence contributed to the accident and his/her injury and damages because he/she negligently operated or maintained the motor vehicle in which he/she was riding so that it collided with defendant’s motor vehicle.
FORM 1.972, DEFENSE.
ASSUMPTION OF RISK Plaintiff knew of the existence of the danger complained of in the complaint, realized and appreciated the possibility of injury as a result of the danger, and, having a reasonable opportunity to avoid it, voluntarily exposed himself/herself to the danger.
This form is amended to show the substantive changes caused by the substitution of the doctrine of comparative negligence for contributory negligence.
The form is paraphrased from Standard Jury Instruction 3.8.
FORM 1.975.
FINANCIAL STATEMENT FOR DISSOLUTION OF MARRIAGE (DIVORCE) IN THE CIRCUIT COURT OF THE .
JUDICIAL CIRCUIT IN AND FOR .
COUNTY, FLORIDA IN RE: The Marriage of:) ) Husband, ) ) and ) ) Wife. ) -) Case No. .
Division: FINANCIAL AFFIDAVIT STATE OF FLORIDA COUNTY OF .
BEFORE ME, this day personally appeared ., who being duly sworn, deposes and says that the following information is true and correct according to his/her best knowledge and belief: ITEM 1: EMPLOYMENT AND INCOME OCCUPATION: .
EMPLOYED BY: .
ADDRESS: .
SOC.
SEC. #: .
PAY PERIOD: .
RATE OF PAY: .
AVERAGE GROSS MONTHLY INCOME FROM EMPLOYMENT Bonuses, commissions, allowances, overtime, tips,, and similar payments Business income from sources such as self-employment, partnership, close corporations, and/or independent contracts (gross receipts minus ordinary and necessary expenses required to produce income) Disability benefits Workers' compensation Unemployment compensation Pension, retirement or annuity payments Social Security benefits Spousal support received from previous marriage Interest and dividends Rental income (gross receipts minus ordinary and necessary expenses required to produce income) Income from royalties, trusts, or estates Reimbursed expenses and in kind payments to the extent that they reduce personal living expenses Gains derived from dealing in property (not including non-recurring gains) Itemize any other income of a recurring nature TOTAL MONTHLY INCOME LESS DEDUCTIONS: Federal, state¿ and local income taxes (corrected for filing status and actual number of withholding allowances) se-FICA or self-employment tax (annualized) Mandatory union dues Mandatory retirement Health insurance payments Court:ordered support payments for the children actually paid TOTAL DEDUCTIONS ITEM 2: AVERAGE MONTHLY EXPENSES HOUSEHOLD: Mtortgage, or rent payments Property taxes -⅛-and insurance Electricity Water, garbage¿ -&-and sewer Telephone Fuel oil or natural gas Repairs and maintenance Lawn and pool care Pest control Mise, household Food and grocery items Meals outside home Other: AUTOMOBILE: Gasoline and oil Repairs Auto tags and license Insurance Other: CHILDREN’S EXPENSES: Nursery or babysitting School tuition School supplies Lunch money Allowance Clothing Medical, dental, prescription Vitamins Barber/beauty parlor Cosmetics/toiletries Gifts for special holidays Other expenses: INSURANCES: Health Life Other insurance: OTHER EXPENSES NOT LISTED ABOVE: Dry cleaning and laundry Affiant’s clothing Affiant’s medical, dental, prescription Affiant’s beauty parlor Affiant’s gifts (special holidays) Pets: Grooming Veterinarian Membership dues: Professional dues Social dues Entertainment Vacations Publications Religious organizations Charities Miscellaneous OTHER EXPENSESther: TOTAL ABOVE EXPENSES: .
PAYMENTS TO CREDITORS: TO WHOM: BALANCE DUE: MONTHLY PAYMENT: Total monthly payments to creditors: $..
TOTAL MONTHLY EXPENSES: $.
FINANCIAL AFFIDAVIT ITEM 3: ASSETS (Ownership: if joint, allocate equally) Description Value Husband Wife Cash (on hand or in banks) . . .
Stocks/bonds/notes . . .
Real estate: Home: . . .
Automobiles: Other personal property: Contents of home Jewelry . . .
Life ins./cash surrender value ' . . .
Other assets: TOTAL ASSETS: $.
ITEM 4: LIABILITIES Husband Wife Creditor Security Balance TOTAL LIABILITIES Affiant SWORN TO and subscribed AND SUBSCRIBED before me on.,19 NOTARY PUBLIC My Commission Expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above financial affidavit has been furnished by U.S. Mmail this . day of ., 19., to: FORM 1.976.
STANDARD INTERROGATORIES The forms of Florida standard interrogatories approved by the Ssupreme Gcourt shall be used in the actions to which they apply, subject to the requirements of Rrule 1.340.
FORM 1.982.
CONTEMPT NOTICE MOTION AND NOTICE OF HEARING TO: (Nname of .Aattorney for party, or party if not represented) YOU ARE NOTIFIED that plaintiff will apply to Tthe Honorable ., Circuit Judge, on., 19., at.Mm., in the .County Courthouse at., Florida, for an order adjudging (defendant’s name) in contempt of court for violation of the terms of the order or judgment entered by this court on.,19., by failing to pay the alimony awarded thereby to (plaintiffs name) that was due on ., 19., and I certify that a copy hereof has been furnished to . by mail on .,19.
NOTE: If the violation is of another nature, the particular violation must be inserted instead of failure to pay alimony. A separate motion is unnecessary.
FORM 1.983, PROSPECTIVE JUROR QUESTIONNAIRE QUESTIONNAIRE FOR PROSPECTIVE JURORS 1.
Name (Pgrint) . (Efirst) (Mmiddle) (Llast) 2.
Residence address . (Sstreet -&-and Nnumber) (Gcity) (Zzip) 3.
Date of Bbirth .
Sex .
Occupation . 4.
Do you understand the English language? (yes) (no) 5.
Do you read and write the English language? (yes) (no) 6.
Have you ever been convicted of a crime and not restored to your civil rights? (yes) (no) If “yes,” state nature of crime, date of conviction and name of court in which convicted: . 7.Are there any criminal charges pending against you of which you are aware? (yes) (no) If “yes,” state nature of charge and name of court in which Üie case is pending: 8.
Are you a bonded deputy sheriff? (yes) (no) 9.
List any official executive office you now hold with the federal, state1 or county government: 10.
Is your hearing good? . (yes) (no) Is your eyesight good? . (yes) (no) (The court may require a medical certificate.) 11.
Do you have any other physical or mental disability that would interfere with your service as a juror? (yes) (no) If “yes,” state nature: . (The court may require a medical certificate.) 12.
Do you know of any reason why you cannot serve as a juror? (yes) (no) If “yes,” state reason: . 13.
MOTHERS AND EXPECTANT MOTHERS ONLY: Florida law provides that expectant mothers and mothers with children under eighteen H? years of age residing with them shall be exempt from jury duty upon their request.
Do you want to be exempt under this provision? (yes) (no) If “yes,” what are the ages of your children?
Signature This is not a summons for jury duty.
If your name is later drawn for jury service, you will be summoned by the sheriff by registered mail or in person. NOTE: This form does not use a caption as shown in Fform 1.901.
It may be headed with the designation of the jury;seleeting authority such as “Board of County Commissioners of Leon County, Florida,” or “Pinellas County Jury Commission.” FORM 1.984.
JUROR VOIR DIRE QUESTIONNAIRE JURY QUESTIONNAIRE Instructions to Jurors You have been selected as a prospective juror. It will aid the court and help shorten the trial of eases if you will answer the questions on this form and return it in the enclosed self-addressed stamped envelope within the next two 2 days.
Please complete the form in blue or black ink and write as dark and legibly as you can. 1.
Name (print) . F(first) Second, (or initial) (middle) L(last) 2.
Home Residence Aaddress . 3.
Years of Eresidence: In Florida .
In Tthis Ccounty . 4.
Former Eresidence . 5.
Marital Sstatus: (Mmarried, Ssingle, ©divorced, Wwidow2 or Wwidower) . 6.
Your ©occupation and Eemployer ...'. 7.
If you are not now employed, give your last occupation and employer . 8.
If married, name and occupation of husband or wife . 9.
Have you served as a juror before? . 10.
Have you or any member of your immediate family been a party to any lawsuit? .
If so, when and in what court? . 11.
Are you either a close friend of or related to any law enforcement officer? 12.
Has a claim for personal injuries ever been made against you or any member of your family? . 13.
Have you or any member of your family ever made any claim for personal injuries? .
Juror’s Signature NOTE: This form does not have a caption as shown in Fform 1.901, but should be headed with the name of the court summoning the juror. FORM 1.985.
STANDARD JURY INSTRUCTIONS The forms of Florida Standard Jury Instructions published by The Florida Bar pursuant to authority of the Ssupreme ©court may be used by the trial judges of this state in charging the jury in civil actions to the extent that the forms are applicable2 unless the trial judge determines that an applicable form of instruction is erroneous or inadequate.
In that event he the trial judge shall modify the form or give such other instruction as he the judge determines necessary to accurately and sufficiently instruct the jury in the circumstances of the action.
In that event the trial judge shall state on the record or in a separate order the manner in which he the judge finds the standard form erroneous or inadequate and the legal basis of his that finding!
Similarly, in all circumstances in which the notes accompanying the Florida Standard Jury Instructions contain a recommendation that a certain type of instruction not be given, the trial judge may follow the recommendation unless he the judge determines that the giving of such an instruction is necessary to accurately and sufficiently instruct the jury, in which event he the judge shall give such instruction as he the judge deems appropriate and necessary.
In that event the trial judge shall state on the record or on a separate order the legal basis of his the determination that such instruction is necessary.
FORM 1.986.
VERDICTS (a) For Plaintiff.: Damages.
VERDICT WE, the jury, find for plaintiff and assess his/her damages at $.
DATED on .,19. as Foremanperson (b) For Defendant,: General Form.
VERDICT WE, the jury, find for defendant.
DATED on ., 19. as Foremanperson FORM 1.988.
JUDGMENT AFTER DEFAULT (a) General Form.
This form is the general form for a judgment after default, not including recovery for prejudgment interest and attorney’s’ fees: FINAL JUDGMENT This action was heard after entry of default against defendant and IT IS ADJUDGED that plaintiff, ., recover from defendant, ., the sum of $. with costs in the sum of $., that shall bear interest at the rate of.% a, year for which let execution issue.
ORDERED is at., Florida, on ., 19.
Judge (b) Form with Interest and Fees.
This form is for judgment after default including prejudgment interest and attorney’s’ fees recovered: FINAL JUDGMENT This action was heard after entry of default against defendant and IT IS ADJUDGED that plaintiff, ., recover from defendant, ., the sum of $. on principal, $. for interest, $.for attorney’s’ fees with costs in the sum of $., making a subtotal of $.T that shall bear interest at the rate of.% a year and in addition the plaintiff shall recover prejudgment interest of $., for which let execution issue.
ORDERED ⅛ at ., Florida, on ., 19.
Judge Committee Notes 1980 Adoption.
FORM 1.989.
JUDGMENT DISMISSING FOR LACK OF PROSECUTION (a) Judgment When Motion Filed Bby Aa Party.
FINAL JUDGMENT OF DISMISSAL This action was heard on the motion to dismiss for lack of prosecution of defendant, .
The court finds that it does not affirmatively appear from filing of pleadings, order of court, or otherwise for a period of ese 1 year before serving the motion that the action is being prosecuted, so IT IS ADJUDGED that this action is dismissed for lack of prosecution, that plaintiff, ., takes nothing by this action and that defendant, ., shall go hence without day.
ORDERED at ., Florida, on ., 19.
Judge (b) Judgment Qon Court’s Motion.
MOTION, NOTICE, AND JUDGMENT OF DISMISSAL The court finds that it does not affirmatively appear from filing of pleadings, order of court, or otherwise for a period of one 1 year that this action is being prosecuted, so IT IS ADJUDGED as follows: 1.
Good cause shall be shown why the action should not be dismissed for lack of prosecution at least fete 5 days before the hearing set in paragraph 3. 2.
The showing of good cause shall be in writing and filed in the action. 3.
If a showing of good cause is filed as provided in paragraph 2, a hearing on the question shall be held on.,19., at.before Tthe Honorable.. in his/her chambers at the.County Courthouse in ..
Florida. 4.
If no showing of good cause is filed within the time specified in paragraph 1, this action shall stand dismissed for lack of prosecution without further order of court on the date specified in paragraph 3 and plaintiff, ., shall take nothing by this action and defendant, .. shall go hence without day.
ORDERED at ., Florida, on ., 19.
Judge NOTE: This form accommodates those courts that dismiss on their own motion.
It is optional and the court may follow the procedure of sending a motion and notice of hearing that is not self-executing.
FORM 1.990.
JURY ACTION FOR DAMAGES FINAL JUDGMENT Pursuant to the verdict rendered in this action IT IS ADJUDGED that plaintiff, .. recover from defendant, ., the sum of $. with costs in the sum of $., making a total of $., that shall bear interest at the rate of.% a year for which let execution issue.
ORDERED in at ., Florida, on ., 19.
Judge FORM 1.991.
JURY ACTION FOR DAMAGES FINAL JUDGMENT Pursuant to the verdict rendered in this action IT IS ADJUDGED that plaintiff,.. take nothing by this action and that defendant,., shall go hence without day and recover costs from plaintiff in the sum of $.that shall bear interest at the rate of.% a year for which let execution issue.
ORDERED in at., Florida, on ., 19.
Judge 1.994,
GENERAL FORM.
NON-JURY FINAL JUDGMENT This action was tried before the court.
On the evidence presented IT IS ADJUDGED that plaintiff.. take nothing by this action and that defendant,.. shall go hence without day and recover costs from plaintiff in the sum of $.that shall bear interest at the rate of.% a year for which let execution issue.
ORDERED in at..
Florida, on ., 19.....
Judge NOTE: Findings of fact can be inserted after “presented” if desired. FORM 1.995(a).
FINAL JUDGMENT DISSOLVING MARRIAGE (a) General Form.
FINAL JUDGMENT This action was heard before the court.
On the evidence presented IT IS ADJUDGED that: 1.
The bonds of marriage between petitioner, A. B., and respondent, C. D., are dissolved. 2.
The separation agreement between the parties, introduced in evidence and marked petitioner’s exhibit 1, was executed voluntarily after full disclosure, and is in the best interests of the parties, and is approved and incorporated in this judgment by reference and the parties are ordered to comply with it. 3.
Petitioner’s former name is restored and she shall be known as . hereafter. 4.
The custody of the minor child of the parties2 ., born on ., 19., is granted to petitioner. Respondent shall have the right to visit the child . at reasonable times and places after reasonable notice to petitioner. 5.
Respondent shall pay $.a week, beginning., 19., to petitioner as alimony that shall terminate on the death or remarriage of petitioner. 6.
Respondent shall pay $.a week, beginning., 19., to petitioner as child support, the sum being allocated equally between the children, that shall terminate for each child when the child reaches 18 years of age, becomes self-supporting, marries^ or dies. 7.
Petitioner’s attorney’s’ fees are set at $., which shall be paid to ., and her court costs are taxed at $., both of which respondent shall pay within . days.
ORDERED fe at., Florida, on ., 19.
Judge NOTE: Paragraphs 2, 3, 4, 5, 6¿ and 7 are various alternatives and should be used as the circumstances require.
Ordinarily, paragraph 2 or paragraphs 4, 5, 6¿ and 7 will be used, depending on the situation.
The form is designed as a judgment in favor of the petitioner wife and if the husband is petitioner or the decision of the court is not in favor of the petitioner wife, the form must be varied to meet these circumstances.
Paragraph 4 must be varied if the custody is split or visitation rights are specifically adjudicated.
Paragraphs 5 and 6 must be varied in accordance with the factual situation.
Material portions of any property settlement should be included in the final judgment.
— The form-is amended to substitute “former” for “maiden” in paragraph 3, to add a provision-for the birthdate of the minor child-in-paragraph 4 and to separate alimony-and-child-support provisions into-separate-paragraphs with automatic termination provisions for each, to specifically provide who is to receive the attorney-s-fee award, and to make other editorial changes.
FORM 1.995(b), FINAL JUDGMENT-DISSOLVING-MARRIAGE UNDER SIMPLIFIED DISSOLUTION PROCEDURE (b) Under Simplified Dissolution Procedure.
FINAL JUDGMENT This action came before the Ccourt upon the petition of the parties for dissolution of their marriage.
Upon consideration thereof IT IS ADJUDGED that the bonds of marriage between Husband, A. B., and Wife, C. D., are dissolved. (If applicable) IT IS FURTHER ADJUDGED that the Wife’s former name is restored and she shall hereafter be known as . (If applicable) IT IS FURTHER ADJUDGED that the property settlement agreement filed in this proceeding as Exhibit .... was executed voluntarily after full disclosure and is approved and incorporated in this judgment by reference, and the parties are ordered to comply with it. ORDERED at., Florida, on this.day of., 19.
CIRCUIT JUDGE Circuit Judge (NOTE: This final judgment is subject to the provisions of FlaJBtatr-(-1983) -§ 61.19 section 61.16, Florida Statutes (1983), which relates to a required 20-day waiting period.)
Form (a) is amended to substitute “former” for “maiden” in paragraph 3, to add a provision for the birthdate of the minor child in paragraph 4, to separate alimony and child support provisions into separate paragraphs with automatic termination provisions for each, to specifically provide who is to receive the attorneys’ fee award, and to make other editorial changes.
FORM 1.996.
FINAL JUDGMENT OF FORECLOSURE FINAL JUDGMENT This action was tried before the court.
On the evidence presented IT IS ADJUDGED THAT: 1.
Plaintiff,., is due.as principal, $.as interest to date of this judgment, $. for title search expense, $.for taxes, $. for insurance premiums, $. for attorney’s’ fees,, with $. for court costs now taxed, less $.for undisbursed escrow funds and less $. for unearned insurance premiums, under the note and mortgage sued on in this action making a total sum of $., that shall bear interest at the rate of_% a year. 2.
Plaintiff holds a lien for the total sum superior to any claim or estate of defendant, ., on the following described property in.County, Florida: (describe property) 3.
If the total sum with interest at the rate described in paragraph 1 and all costs accrued subsequent to this judgment are not paid, the clerk of this court shall sell the property at public sale on.,19., between 11:00 a.m. and 2:00 p.m. to the highest bidder for cash, except as prescribed in paragraph 4, at the.door of the courthouse in .
County in ., Floridai in accordance with section 45.031, Florida Statutes. 4.
Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the clerk if plaintiff is not the purchaser of the property for sale.
If plaintiff is the purchaser, the clerk shall credit plaintiff’s bid with the total sum with interest and cost accruing subsequent to this judgment, or such part of it, as is necessary to pay the bid in full. 5.
On filing the certificate of title the clerk shall distribute the proceeds of the sale, so far as they are sufficient by paying: first, all of plaintiff’s costs; second, documentary stamps affixed to the certificate; third, plaintiff’s attorney’s’ fees; fourth, the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in paragraph 1 from this date to the date of the sale; and by retaining any remaining amount pending the further order of this court. 6.
On filing the certificate of title defendant and all persons claiming under or against him defendant since the filing of the notice of lis pendens shall be foreclosed of all estate or claim in the property and the purchaser at the sale shall be let into possession of the property. 7.
Jurisdiction of this action is retained to enter further orders that are proper including, without limitation, writs of possession and deficiency judgment.
ORDERED ⅛ at., Florida, on ., 19.
Judge NOTE: Paragraph 1 must be varied in accordance with the items unpaid, claimed, and proven.
The form does not provide for an adjudication of junior lienors’ claims nor for redemption by the United States of America if it is a defendant.
The reference to writs of assistance in paragraph 7 is changed to writs of possession to comply with the consolidation of the two 2 writs.
STANDARD INTERROGATORIES FORMS FORM 1.
GENERAL PERSONAL INJURY NEGLIGENCE — INTERROGATORIES TO PLAINTIFF (If answering for another person or entity, answer with respect to that person or entity, unless otherwise stated.) 1.
What is the name and address of the person answering these interrogatories, and, if applicable, the person’s official position or relationship with the party to whom the interrogatories are directed? 2.
List the names, business addresses, dates of employment and rates of pay regarding all employers, including self-employment, for whom you have worked in the past ten 10 years. 3.
List all former names and when you were known by those names.
State all addresses where you have lived for the past ten 10 years, the dates you lived at each address, your sSocial sSecurity number, your date of birth, and¿ if you are or have ever been married, the name of your spouse or spouses. 4.
Do you wear glasses, contact lenses^ or hearing aids?
If so, who prescribed them*., when were they prescribed-, when were your eyes or ears last examined^ and what is the name and address of the examiner? 5.
Have you ever been convicted of a crime, other than any juvenile adjudication, which under the law under which you were convicted was punishable by death or imprisonment in excess of one 1 year, or that involved dishonesty or a false statement regardless of the punishment?
If so, state as to each conviction? the specific crime? and the date and the place of conviction. 6.
Were you suffering from physical infirmity, disability, or sickness at the time of the incident described in the complaint?
If so, what was the nature of the infirmity, disability, or sickness? 7.
Did you consume any alcoholic beverages or take any drugs or medications within twelve 12 hours before the time of the incident described in the complaint?
If so, state the type and amount of alcoholic beverages, drugsi or medication which were consumed^ and when and where you consumed them. 8.
Describe in detail how the incident described in the complaint happened, including all actions taken by you to prevent the incident. 9.
Describe in detail each act or omission on the part of any party to this lawsuit that you contend constituted negligence that was a contributing legal cause of the incident in question. 10.
Were you charged with any violation of law (including any regulations or ordinances) arising out of the incident described in the complaint?
If so, what was the nature of the charge; what plea? or answer, if any, did you enter to the charge; what court or agency heard the charge; was any written report prepared by anyone regarding this charge, and, if so, what is the name and address of the person or entity that prepared the report; do you have a copy of the report; and was the testimony at any trial, hearing, or other proceeding on the charge recorded in any manner, and, if so, what was is the name and address of the person who recorded the testimony? 11.
Describe each injury for which you are claiming damages in this case, specifying the part of your body that was injured, the nature of the injury, and, as to any injuries you contend are permanent, the effects on you that you claim are permanent. 12.
List each item of expense or damage, other than loss of income or earning capacity, that you claim to have incurred as a result of the incident described in the complaint, giving for each item the date incurred, the name and business address of the person or entity to whom each was paid or is owed, and the goods or services for which each was incurred. 13.
Do you contend that you have lost any income, benefits, or earning capacity in the past or future as a result of the incident described in the complaint?
If so, state the nature of the income, benefits, or earning capacity, and the amount and the method that you used in computing the amount. 14.
Has anything been paid or is anything payable from any third party for the damages listed in your answers to these interrogatories?
If so, state the amounts paid or payable, the name and business address of the person or entity who paid or owes said amounts, and which of those third parties have or claim a right of subrogation. 15.
List the names and business addresses of each physician who has treated or examined you, and each medical facility where you have received any treatment or examination for the injuries for which you seek damages in this case; and state as to each the date of treatment or examination and the injury or condition for which you were examined or treated. 16.
List the names and business addresses of all other physicians, medical facilities, or other health care providers by whom or at which you have been examined or treated in the past ten 10 years; and state as to each the dates of examination or treatment and the condition or injury for which you were examined or treated. 17.
List the names and addresses of all persons who are believed or known by you, your agents,, or your attorneys to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge. 18.
Have you heard or do you know about any statement or remark made by or on behalf of any party to this lawsuit, other than yourself, concerning any issue in this lawsuit?
If so, state the name and address of each person who made the statement or statements, the name and address of each person who heard it, and the date, time, place, and substance of each statement. 19.
State the name and address of every person known to you, your agents, or your attorneys, who has knowledge about, or possession, custody, or control of, any model, plat, map, drawing, motion picture, video tape videotape, or photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what item such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared. 20.
Do you intend to call any expert witnesses at the trial of this case?
If so, state as to each such witness the name and business address of the witness, the witness’s qualifications as an expert, the subject matter upon which the witness is expected to testify, the substance of the facts and opinions to which the witness is expected to testify, and a summary of the grounds for each opinion. 21.
Have you made an agreement with anyone that would limit that party’s liability to anyone for any of the damages sued upon in this case?
If so, state the terms of the agreement and the parties to it. 22.
Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other than the present matter, and, if so, state whether you were plaintiff or defendant, the nature of the action, and the date and court in which such suit was filed.
FORM 2.
GENERAL PERSONAL INJURY NEGLIGENCE — INTERROGATORIES TO DEFENDANT (If answering for another person or entity, answer with respect to that person or entity, unless otherwise stated.) 1.
What is the name and address of the person answering these interrogatories, and, if applicable, the person’s official position or relationship with the party to whom the interrogatories are directed? 2.
List all former names and when you were known by those names.
State all addresses where you have lived for the past ten 10 years, the dates you lived at each address, your «Social «Security number, and your date of birth. 3.
Have you ever been convicted of a crime, other than any juvenile adjudication, which under the law under which you were convicted was punishable by death or imprisonment in excess of one 1 year, or that involved dishonesty or a false statement regardless of the punishment?
If so, state as to each conviction-, the specific crimeT and the date and the place of conviction. 4.
Describe any and all policies of insurance which you contend cover or may cover you for the allegations set forth in plaintiffs complaint, detailing as to such policies; the name of the insurer, the number of the policy, the effective dates of the policy, the available limits of liability, and the name and address of the custodian of the policy. 5.
Describe in detail how the incident described in the complaint happened, including all actions taken by you to prevent the incident. 6.
Describe in detail each act or omission on the part of any party to this lawsuit that you contend constituted negligence that was a contributing legal cause of the incident in question. 7.
State the facts upon which you rely for each affirmative defense in your answer. 8.
Do you contend any person or entity other than you is, or may be, liable in whole or part for the claims asserted against you in this lawsuit?
If so, state the full name and address of each such person or entity, the legal basis for your contention, the facts or evidence upon which your contention is based, and whether or not you have notified each such person or entity of your contention. 9.
Were you charged with any violation of law (including any regulations or ordinances) arising out of the incident described in the complaint?
Have you heard or do you know about any statement or remark made by or on behalf of any party to this lawsuit, other than yourself, concerning any issue in this lawsuit?
If so, state the name and address of each person who made the statement or statements, the name and address of each person who heard it, and the date, time, place, and substance of each statement. 12.
Do you intend to call any expert witnesses at the trial of this case?
If so, state as to each such witness the name and business address of the witness, the witness’s qualifications as an expert, the subject matter upon which the witness is expected to testify, the substance of the facts and opinions to which the witness is expected to testify, and a summary of the grounds for each opinion. 14.
Have you made an agreement with anyone that would limit that party’s liability to anyone for any of the damages sued upon in this case?
If so, state the terms of the agreement and the parties to it. 15.
Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other than the present matter, and, if so, state whether you were plaintiff or defendant, the nature of the action, and the date and court in which such suit was filed.
FORM 3.
MEDICAL MALPRACTICE-INTERROGATORIES TO PLAINTIFF (These interrogatories should be used in conjunction with the General Personal Injury Negligence Interrogatories to Plaintiff.) 23.
Do you contend that you have experienced any injury or illness as a result of any negligence of this defendant?
If so, state the date that each such injury occurred, a description of how the injury was caused, and the exact nature of each such injury. 24.
If so, state of what, in your opinion, the defendant failed to inform, instruct, or warn you. 26.
If you contend that you were not properly informed by this defendant regarding the risk of the treatment or the procedure performed, state what alternative treatment or procedure, if any, you would have undergone had you been properly informed. 27.
State the date and place and a description of each complaint for which you contend the defendant refused to attend or treat you. 28.
State the name and address of every person or organization to whom you have given notice of the occurrence sued on in this case because you, your agents¿ or your attorneys believe that person or organization may be liable in whole or in part to you.
FORM 4.
Please give us your entire educational background, starting with your college education and chronologically indicating by date and place each school, college, course of study, title of seminars, length of study, and honors received by you up to the present time, including internships, residencies, degrees received, licenses earned or revoked, medical specialty training, board memberships, authorship of any books, articles;, or texts, including the names of those writings and their location in medical journals, awards or honors received, and continuing medical education. 17.
Please give us your entire professional background up to the present time, including dates of employment or association, the names of all physicians with whom you have practiced, the form of employment or business relationship such as whether by partnership, corporation, or sole proprietorship, and the dates of the relationships, including hospital staff privileges and positions, and teaching experience. 18.
With respect to your office library or usual place of work, give us the name, author, name of publisher, and date of publication of every medical book or article, journal^ or medical text? to which you had access, which deals with the overall subject matter described in paragraph ([whatever paragraph number that concerns negligence)] of the complaint. (In lieu of answering this interrogatory you may allow plaintiffs counsel to inspect your library at a reasonable time.) 19.
If you believe there was any risk to the treatment you rendered to the plaintiff, state the nature of all risks, including whether the risks were communicated to the plaintiff; when, where¿ and in what manner they were communicated; and whether any of the risks in fact occurred. 20.
Tell us your experience in giving the kind of treatment or examination that you rendered to the plaintiff before it was given to the plaintiff, giving us such information as the approximate number of times you have given similar treatment or examinations, where the prior treatment or examinations took place, and the successful or unsuccessful nature of the outcome of that treatment or those examinations. 21.
Please identify, with sufficient particularity to formulate the basis of a request to produce¿ all medical records of any kind of which you are aware which deal with the medical treatment or examinations furnished to the plaintiff at any time, whether by you or another person or persons. 22.
Please state whether any claim for medical malpractice has ever been made against you alleging facts relating to the same or similar subject matter as this lawsuit, and¿ if so, state as to each such claim the names of the parties, the claim number, the date of the alleged incident, the ultimate disposition of the claim, and the name of your attorney, if any.
FORM 5.
AUTOMOBILE NEGLIGENCE-INTERROGATORIES TO PLAINTIFF (These interrogatories should be used in conjunction with the General Personal Injury Negligence Interrogatories to Plaintiff.) 23.
At the time of the incident described in the complaint, were you wearing a seat belt?
If not, please state why not; where you were seated in the vehicle; and whether the vehicle was equipped with a seat belt that was operational and available for your use. 24.
Did any mechanical defect in the motor vehicle in which you were riding at the time of the incident described in the complaint contribute to the incident?
If so, describe the nature of the defect and how it contributed to the incident.
FORM 6.
AUTOMOBILE NEGLIGENCE-INTERROGATORIES TO DEFENDANT (These interrogatories should be used in conjunction with the General Personal Injury Negligence Interrogatories to Defendant.) 16.
Do you wear glasses, contact lenses¿ or hearing aids?
If so, who prescribed them, when were they prescribed, when were your eyes or ears last examined, and what is the name and address of the examiner? 17.
Were you suffering from physical infirmity, disability, or sickness at the time of the incident described in the complaint?
If so, what was the nature of the infirmity, disability, or sickness? 18.
Did you consume any alcoholic beverages or take any drugs or medications within 12, hours before the time of the incident described in the complaint?
If so, state the type and amount of alcoholic beverages, drugs, or medication which were consumed, and when and where you consumed them. 19.
Did any mechanical defect in the motor vehicle in which you were riding at the time of the incident described in the complaint contribute to the incident?
If so, describe the nature of the defect and how it contributed to the incident. 20.
List the name and address of all persons, corporationSj or entities who were registered title owners or who had ownership interest in, or right to control, the motor vehicle that the defendant driver was driving at the time of the incident described in the complaint^ and describe both the nature of the ownership interest or right to control the vehicle, and the vehicle itself, including the make, model, year¿ and vehicle identification number. 21.
At the time of the incident described in the complaint, did the driver of the vehicle described in your answer to the preceding interrogatory have permission to drive the vehicle?
If so, state the names and addresses of all persons who have such permission. 22.
At the time of the incident described in the complaint, was the defendant driver engaged in any mission or activity for any other person or entity, including any employer?
If so, state the name and address of that person or entity and the nature of the mission or activity. 23.
Was the motor vehicle that the defendant driver was driving at the time of the incident described in the complaint damaged in the inciden^ and¿ if so, what was the cost to repair the damage?
FORM 7.
MARRIAGE DISSOLUTION-INTERROGATORIES TO PARTY 1.Employment. a.
State the names and addresses of your present employers for the past 5 years (indicating your present employer), and describe your position and duties for each position. (If you have not been employed in the last 5 years, answer paragraphs a, b, c, and d as per your last employer.) b.
State the commencement of your present employment your Social Security number and date of birth. c.
Describe-your position or job.
State whether you have been engaged in any business, commercial, or professional activity within the past 5 years, and if so, state the names and addresses of such activities (including active or passive investment activity).
State the names-and addresses of your — employers for the past three-y-earSr Do you receive any benefits (perks) from your employment, including but not limited to: use of an automobile or automobile allowance; health, life, or other insurance; expense accounts; telephone expenses; reimbursement for travel, food, or lodging; or memberships in any clubs or associations?
If so, list in detail the items that you receive and the approximate amounts paid to you or for your benefit for each of the last 5 years. e.
State all of your education after high school, including but not limited t¿ vocational or specialized training, indicating the name of the educational institution and the dates of attendance or training and listing the degrees and certificates obtained.
State further the work skills you presently possess. 2.
Income. (For the purpose of these questions, the definition of income shall be that as contained in section 61,30, Florida Statutes.) a.
State your gross annual earned income, from all sources whether earned, passive, or investment income, for each of the last three 5 years.
This total also should reflect any revenue or capital gains you have received from any sales.
Identify the sources and amounts from each source. b.
State when how often and on what days you are paid and indicate, itemizing your gross salary and wages and all deductions for each pay period your gross salary and wages, itemize the deductions.from your gross salary or wages-and-your net salary or wages. c.
Set forth any additional compensa-tionT or expense reimbursement, including? but not limited to? overtime, bonuses, profit sharing, insurance, expense account, auto-mobilej or automobile allowance, which that you have received or anticipate receiving from your employer or anticipate receiving. A — State your total annual — income in each of the past three years. ⅛ — Itemize all other income or support payments received. 3.
Assets. a, — Describe by legal description-and-addresses all real property-which you own, or-ín which you have an interest, setting-forth the percentage of your — interest in each parcel, — For each parcel,-state date of purchase, purchase-price and present-market value. b, — List the names and addresses of -all persons or entities which own an interest with you in the parcels of real property described in the-foregoing-sub-paragraph and describe such interest? —List all of the items of tangible personal-property, including, but not limited to, motor vehicles, furniture, boats, jewelry or-art-objects which are owned by you or in which — you have-an interest. — State your estimate of value for each item. 4 — I<ist the names and addresses of the persons who own an interest-with you-in the-items of tangible-personal property described — in the foregoing sub-paragraphs and describe such interest. e, — List all accounts in which you have deposited money in your name or jointly with another person within the last 12 months. £ — As to-the accounts set forth in the foregoing.answer, set forth the account numbers, the cash balances and the persons and their addresses who are authorized to withdraw funds-in said accounts. g, — List all intangible-personal property, including but not limited-to,-stocks, — bonds and mortgages owned by you or in which you-have had an interest within the last two years. — State percentage-of-your-interest and the present value of such interest. k — List the names and addresses of persons or entities indebted to you and the nature and amount of their obligations to ⅛ — List-all-other assets which-you-own, having an interest in or the use and benefit of, setting forth your interest-and — value thereof. j. — Describe in detail,- including the cash value, all insurance policies of which you are the owner or beneficiary, including, but not-limited to, [...] health, disability and life insurance. — As-to-each policy, list the issuing-insurance company and policy number. a.State the location (street address and legal description) of any real property in which you have an interest or which you own, use, or hold under deed, lease, or contract.
For each property state: the interest you hold; the names and addresses of any other persons or entities holding any interest therein; the date of your acquisition; the purchase price; the present market value; the market value on the date of separation; and the market value on the date of filing the petition for dissolution of marriage. b.
List all of the items of tangible personal property, including but not limited to motor vehicles, furniture, airplanes, boats, jewelry, collectibles, and art objects that are owned by you or in which you have any interest, and state your estimate of the value for each item.
List the names and addresses of any person or entity who owns an interest with you in the items of tangible personal property described herein, and describe such interest. c.
List all intangible personal property owned by you or in which you have had an actual, vested, or contingent interest within the last 5 years, including but not limited to: partnership and business interests, good will, stocks, bonds, receivables, dios-es in' action, and debts owed to you by another entity or person.
As to each, state the percentage of your interest; the present value of such interest; the amounts you claim are owed in the choses in action and debts; and the names and addresses of the persons or entities who are indebted to you or against whom you are claiming a chose in action. d.
List all policies of insurance that you hold, own, or have any interest in, stating as to each policy: the name of the insurance company and the agent; the number of the policy; the type of insurance; the face value of the life insurance or annuity policy; the date of acquiring the policy; the beneficiary; the cash surrender value; the loan value; and the amount and nature of any loans outstanding against the policy.
If the owner is someone other than yourself, state the name and address of such person or entity. e.
State whether you are the beneficiary of any estate, trust, insurance policy, or annuity.
If so, describe the nature and amount of each of these benefits and the value of the interest, indicating whether that interest is vested or contingent. f.
State whether you have established a trust, and if so, provide the date the trust was established and state the names and addresses of the trustees, the beneficiaries, and the persons who possess the trust documents.
List each asset that is held in the trust, stating its present fair market value. 4, Retirement or Deferred Income Plans. a.Are you an owner, participant, or alternate payee in any pension, profit sharing, deferred compensation, or retirement plan?
If so, please state the following: (1) A description of the type of plan, whether profit sharing, defined benefit, defined contribution, IRA, Keogh, or other. (2) The account balance of any money held for your benefit or to which you are entitled, and your accrued monthly benefit. (3) The location and last valuation date of said asset, the amount currently vested, and the schedule of vesting. (4) The precise name of the plan and the name and address of the plan administrator or trustee. (5) An itemization of any loans that you have made against the plan during the last 5 years, the outstanding balance of the loans, and the amounts of the loans. 5.
Financial Account Information. a.
List all accounts, including checking, money market, brokerage, or any other investments that you have had any legal or equitable interest in, regardless of whether the interest is or was held in your own name individually, in your name with another person, or in any other name, within the last 5 years.
Give the name and address of each institution, the name in which each account is or was maintained, the account numbers, and the names of each person authorized to make withdrawals from the accounts.
State the present balance in each account, giving the largest balance during the last 12 months. b.
State whether, during the past 5 years, you have prepared any financial statements, loan applications, or lists of your assets and liabilities.
If so, for each document state: the date of preparation; the purpose for which the document was prepared; the name and address of the person or firm who prepared the document; and the names and addresses of any persons or financial institutions to whom the statements, applications, or lists were presented. c.
State the names, addresses, and telephone numbers of your accountant and any other persons who possess your financial records, and as to each state which records they possess. d.
State the location of all safes, vaults, or other similar depositories in which you maintained property at any time during the period commencing 1 year before the initiation of the action pending before this court until the date of furnishing answers to this interrogatory.
State the names and addresses of all banks or other depositories where you had a safe deposit box; where you were a signatory or co-signatory on a safe deposit box; where you have access to a safe deposit box; or where you maintained property in a safe deposit box at any time during the period commencing 1 year before the initiation of the action before this court until the date of your answering this interrogatory.
Provide the name and address of each other person who has had access to any such depository during the same time period.
List any items removed from any depository by you or your agent during that time, together with the present location and fair market value of each item. 46.
Liabilities. a.
List all of your liabilities, debtSj and other obligations, indicating for each: whether it is secured or unsecured; and,-if secured, the nature of the-securityr setting forth the payment schedule as to each and the name and address of each creditor, the name and address of the creditor; the nature of the security, if any; the payment schedule; the current status of your payments; and the total amount of arrearage, if any. b.
List all credit-cards issued to.you.
Give the balance-owed and present-minimum monthly — payment owed to-each of such-credit card companies and the account number for-each-account. charge accounts and credit cards upon which you are a signatory, which you use, or which are issued to you.
For each account listed give the account number, the current status of your payments, the balance presently owed, and the minimum monthly payments. —As to each creditor,-set — forth.the current status of-your payments and total amount of arrearage,-if-an-y-57.
Living Expenses. ⅝ — Attach a completed Financial Statement, in accordance with Rule 1.61-1 — Fla. R.Civ.P. — See Form 1.975, Fla.R.Civ.P, ⅛ — State the-amount of money contribuir ed monthly, directly or indirectly, for the support of your spouse or other dependents for the past year next preceding the--answers to these interrogatories.
Complete the attached financial affidavit and, if applicable, the attached child support worksheet. 68.
Miscellaneous. a.
State your full name, current address, date of birth and-social security number. List all other assets that you own, have an interest in, or have the use or benefit of, setting forth for each your interest in the asset and its value.
For each, set forth the date of your acquisition, receipt, or inheritance, or the date of your first being given use or benefit; the party from whom it was received; the value on the date of your acquisition or use; the value on the date of marriage; the value on the date of the filing of the petition for dissolution of marriage; and the present value. b.
State the condition — of—your health and-the name-and-address of all health care providers who have examined or treated you within the last 12 months. — State-the same-information for each child, if any.
If you are claiming a special equity in any assets, list the asset, the amount claimed as special equity, and all facts upon which you rely in your claim. c.
If the mental or physical condition of a spouse or child is an issue, identify the person and state the name and address of all health care providers involved in the treatment of that person. .
We have jurisdiction pursuant to article V, section 2(a), Florida Constitution. . E.g., "Order Denying Plaintiffs Motion for Summary Judgment,” "Defendant’s Motion to Compel,” "Order Denying Defendant’s Motion to Dismiss,” “Final Judgment for Plaintiff,” etc.
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Miller v. Schou, 616 So. 2d 436 (Fla. 1993)…on shall serve a financial affidavit upon the other parties. However, the rule in this form only went into effect on January 1, 1993, and was significantly changed from its previous form. See In re Amendments to the Florida Rules of Civil Procedure, 604 So. 2d 1110, 1173 (Fla.1992). The old version of the rule which is applicable in the present ease required the production of a financial affidavit by the parties only in applications for “temporary alimony, child support, attorneys’ fees or suit money.” While a…
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Cerniglia v. Cerniglia, 679 So. 2d 1160 (Fla. 1996)…ss." Id. at 381. Subsequent to our decision in DeClaire, the Civil Procedure Rules Committee of The Florida Bar proposed the amendment to rule 1.540(b) and this Court adopted the committee’s recommendation. In re Amendments to Fla. Rules Civil Pro., 604 So. 2d 1110 (Fla.1992). . The settlement agreement stated in pertinent part: 12. FULL AGREEMENT: This Agreement constitutes a Ml and complete settlement of the alimony, support, equitable distribution and property rights of the parties and claims of any natur…
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RD & G Leasing, Inc. v. Stebnicki, 626 So. 2d 1002 (Fla. 3d DCA 1993)…ess the question of appealability of a non-final order denying a motion to dismiss under Rule 1.070(f). Appeal dismissed. * Prior to January 1, 1993, the rule was designated Rule 1.070(j). See In re Amendments to Florida Rules of Civil Procedure, 604 So. 2d 1110, 1117 (Fla.1992). An earlier appeal between these parties is reported as Stebnicki v. Wolfson, 584 So. 2d 177 (Fla. 3d DCA 1991).…
Previewing 3 of 21 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (11 total)
- Fuentes v. Shevin, 407 U.S. 67 (U.S. 1972)
- Schlagenhauf v. Holder, 379 U.S. 104 (U.S. 1964)
- Nannie McDaniel v. McElvy, 108 So. 820 (Fla. 1926)
- In re T.W., 551 So. 2d 1186 (Fla. 1989)
- Dee v. S. Brewing Co., 146 Fla. 588 (Fla. 1941)
- Shores v. Ida Murphy and her husband, 88 So. 2d 294 (Fla. 1956)
- Harrop B. Phillips and Anor R. Phillips v. Guin & Hunt, Inc., 344 So. 2d 568 (Fla. 1977)
- Wood v. Warriner, 62 So. 2d 728 (Fla. 1953)
- Tucker v. State, 412 So. 2d 962 (Fla. 4th DCA 1982)
- VAN Devere v. Jeanette v. Holmes, 156 So. 2d 899 (Fla. 3d DCA 1963)