IN RE AMENDMENTS TO THE FLORIDA PROBATE RULES
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The Florida Supreme Court clarified the effective date and retroactive application of amendments to Florida Probate Rule 5.025(d)(2), which excluded Florida Rule of Civil Procedure 1.525 (Motions for Costs and Attorneys' Fees) from adversary probate and guardianship proceedings. The Court clarified that the amendments apply to all proceedings commenced on or after September 28, 2011, and to pending proceedings only as to judgments, orders, or notices filed on or after that date.
The Court clarified that the amendments apply to all proceedings commenced on or after September 28, 2011, and to all proceedings pending on the effective date, but only as to judgments, orders, or notices filed on or after that date.
[1] Amendments to Florida Probate Rule 5.025(d)(2) apply to all proceedings commenced on or after September 28, 2011.
[2] Amendments to Florida Probate Rule 5.025(d)(2) apply to all proceedings pending on September 28, 2011, as to judgments, orders, or notices filed on or after that date.
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Join FLexlaw to unlock all legal intelligence“Because the amendments were not published for comment prior to adoption, the Court allowed sixty days in which interested persons could file comments.”
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Join FLexlaw to unlock all legal intelligenceIn September 2011, the Florida Supreme Court amended Probate Rule 5.025(d)(2) based on proposals from The Florida Bar's Probate Rules Committee. The a…
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Previously in this case, on September 28, 2011, the Court amended the Florida Probate Rules in response to proposals by The Florida Bar’s Probate Rules Committee (Committee).1 See In re Amendments to the Florida Probate Rules, 73 So.3d 205 (Fla.2011). In particular, subdivision (d)(2) of rule 5.025 (Adversary Proceedings) was amended to exclude Florida Rule of Civil Procedure 1.525 (Motions for Costs and Attorneys’ Fees) from the requirement that the Rules of Civil Procedure govern adversary probate and guardianship proceedings. Cf. Amendments to the Florida Family Law Rules of Procedure (Rule 12.525), 897 So.2d 467 (Fla.2005) (adopting new Florida Family Law Rule *11512.525 to provide that Florida Rule of Civil Procedure 1.525 shall not apply to proceedings governed by the family law rules). Because the amendments were not published for comment prior to adoption, the Court allowed sixty days in which interested persons could file comments. In re Amendments to the Florida Probate Rules, 73 So.3d at 206-07.
A comment was filed suggesting the Court explicitly state that the amendments to rule 5.025(d)(2) apply to all cases “open or reopened” as of September 28, 2011, the effective date of the amendments. In its response, the Committee states that it agrees and believes that a clarification regarding the amendments will help avoid confusion, litigation, and possibly inconsistent application of the rule. Cf. Montello v. Montello, 961 So.2d 257, 258-59 (Fla.2007) (clarifying that Florida Family Law Rule 12.525 applies to all cases pending on the date the rule became effective).
As recommended by the Committee, we clarify that the amendments to Florida Probate Rule 5.025(d)(2) apply to all proceedings commenced on or after the September 28, 2011, effective date. The amendments also apply to all proceedings that were pending on the effective date, but only as to all judgments, orders, or notices that were filed on or after that date.
It is so ordered.
POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Stone v. Stone, 132 So. 3d 377 (Fla. 4th DCA 2014)…similar to suits of a civil nature, including entry of defaults. The Florida Rules of Civil Procedure govern, except for rule 1.525.” This probate rule is applicable to the order on appeal in this case. In re Amendments to the Florida Probate Rules, 95 So. 3d 114, 115 (Fla.2012). The inapplicability of rule 1.525 in adversary probate proceedings functions identically to the inapplicability of the rule in proceedings governed by the Florida Family Law Rules of Procedure. See Montello v. Montello, 961 So. 2d 2…
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Finnegan v. Noreen Compton, 154 So. 3d 370 (Fla. 4th DCA 2014)…ter the September 28, 2011, effective date” and also to “all proceedings that were pending on the effective date, but only as to all judgments, orders, or notices that were filed on or after that date.” In re Amendments to the Florida Probate Rules, 95 So. 3d 114, 115 (Fla.2012). In this case, appellant obtained a final judgment on January 5, 2011, over eight months before the September 28, 2011 effective date of the amendment to Probate Rule 5.025(d)(2). At the time the judgment was entered, Civil Rule 1.…
Authorities Cited
- Amendments TO THE Fla. Fam. LAW Rules OF Procedure (Rule 12.525), 897 So. 2d 467 (Fla. 2005)
- Montello v. Montello, 961 So. 2d 257 (Fla. 2007)
- In re Amendments to the Florida Probate Rules, 73 So. 3d 205 (Fla. 2011)