IN RE FAMILY LAW RULES OF PROCEDURE

Fla. | 1996-02-01
No. 84337
GRIMES, C.J., and SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ„ concur.
667 So. 2d 202 Florida Supreme Court (1996) Positive Treatment
Cited by 17 cases

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Holding

The court grants clarification and amends Florida Family Law Form 12.901(a) to correct inconsistencies regarding military service and execution before a clerk of court.


Facts & Procedural History

A motion for clarification was filed regarding inconsistencies in Florida Family Law Form 12.901(a), Petition by Parties for Simplified Dissolution of…

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Opinion of the Court
OVERTON, Justice.

OVERTON, Justice.

We have for review a motion for clarification regarding the Florida Family Law Forms that we adopted in our opinion in In re Family Law Rules of Procedure, 663 So. 2d 1049 (Fla.1995). We have jurisdiction. Art. V, § 2(a), Fla. Const. In the motion, the movant asks that we clarify two inadvertent inconsistencies in form 12.901(a), Petition by Parties for Simplified Dissolution of Marriage. First, the mov-ant notes that the form states that “[njeither party is a member of the military service,” even though such a prohibition is not necessary to obtain a simplified dissolution. Second, the movant notes that the form requires the parties to sign before a notary public but Appendix 1 of the forms states that the form is to be executed before a clerk of court. The Florida Bar’s Family Law Rules Committee has filed a response in which it agrees that the inconsistencies should be corrected.

Accordingly, we amend Florida Family Law Form 12.901(a) to eliminate the requirement regarding military service and to require that the form be signed before the clerk of court rather than before a notary. The corrected form is as set forth in the attached appendix. These amendments shall become effective February 1,1996.

It is so ordered.

GRIMES, C.J., and SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ„ concur. APPENDIX


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Cited By

  • …forms were adapted from the forms accompanying the Florida Rules of Civil Procedure. Practitioners should refer to the committee notes for those forms for rale history. The forms were adopted by the Court pursuant to Family Law Rules of Procedure, 667 So. 2d 202 (Fla. 1995); In re Petition for Approval of Forms Pursuant to Rule 10-1.1(b) of the Rules Regulating the Florida Bar—Stepparent Adoption Forms, 613 So. 2d 900 (Fla. 1992); Rules Regulating the Florida Bar—Approval of Forms, 581 So. 2d 902 (Fla. 1991…
  • Amendments to the Fla. Fam. Law Rules, 713 So. 2d 1 (Fla. 1998)
    …les of Civil Procedure. Practitioners should refer to the committee notes for those forms for rule history. The forms were adopted by the Court pursuant to Family-Law-Rules of Procedure, No. 84,337 (Fla. June 15, 1995)Family Law Rules of Procedure, 667 So. 2d 202 (Fla.1995); In re Petition for Approval of Forms Pursuant to Rule 10-1.1(b) of the Rules Regulating the Florida Bar — Stepparent Adoption Forms, 613 So. 2d 900 (Fla.1992); Rules Regulating the Florida Bar-Approval of Forms, 581 So. 2d 902 (Fla.1991)…
  • …forms were adapted from the forms accompanying the Florida Rules of Civil Procedure. Practitioners should refer to the committee notes for those forms for rule history. The forms were adopted by the Court pursuant to Family Law Rules of Procedure, 667 So. 2d 202 (Fla.1996); In re Petition for Approval of Forms Pursuant to Rule 10-1.1(b) of the Rules Regulating the Florida Bar — Stepparent Adoption Forms, 613 So. 2d 900 (Fla.1992); Rules Regulating the Florida Bar — Approval of Forms, 581 So. 2d 902 (Fla.199…

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