Loading…
5 verbatim requirements extracted from 13986-01__2010-08.pdf, across 3 topics.
Nineteenth Judicial Circuit (Indian River, Martin, Okeechobee, St. Lucie). Check the order's own effective and rescission dates before relying on it. Procedural information only; not legal advice.
Verbatim from the order, captured 2026-07-24; whitespace normalised only. No OCR was used anywhere in this chain. HEARING TIME & ARGUMENT LIMITS • ADMINISTRATIVE OFFICE OF THE COURTS INTER-OFFICE MEMORANDUM TO: FROM: DATE: RE: 2010-24 Honorable Jeffrey K. Barton Honorable Marsha Ewing Honorable Sharon Robertson Honorable Joseph E. Smith Thomas A. Genung, Trial Court Administrator September 17, 2010 Administrative Order 2010-08 Foreclosure Final Judgments Attached please find original Administrative Order 2010-08 for filing with the Court. If you have any questions regarding the above, please do not hesitate to contact me. TAGjmt Attachment cc wjattach: All Judges in th~ Nineteenth Judicial Circuit All Magistrates and Hearing Officers in the Nineteenth Judicial Circuit All Staff Attorneys in the Nineteenth Judicial Circuit Honorable Bruce Colton, State Attorney's Office Honorable Diamond Litty, Public Defender's Office All County Attorneys in the Nineteenth Judicial Circuit All Local Law Libraries All Local Bar Presidents IT 250 N.W. Country Club Drive, Suite 217 y Port Saint Lucie, FL 34986 y (772) 807·4370 y FAX (772) 807-4377 • sale must be filed with the clerk of court no later than 5 :00 p.m. two business days before the sale date. 5. The public sale will proceed regardless of whether the plaintiff, plaintiffs counsel, or any other representative is present. 6. Counsel for the plaintiff must be certain that the clerk has the original proof of publication of the notice of sale on file no less than three business days before the sale date. Failure to file the original proof of publication will not stop the sale, however the certificate of sale will not issue until the original proof of pUblication is filed. 7. The failure of counsel for the plaintiff to properly and timely publish the notice of sale may result in sanctions against the plaintiff, plaintiff s attorney individually, and the law firm representing the plaintiff. 8. If the original proof of publication of the notice of sale is not filed with the clerk within ten calendar days after the sale, an order will be entered directing the plaintiff to show cause why the sale should not be vacated, and the case dismissed with or without prejudice. The fact that an attorney has a high volume practice will not be a showing of good cause. 9. Each Clerk of the Court will maintain a listing of all cases in which the original proof of publication of the notice of sale is not filed within ten calendar days after the sale, and provide that list weekly to the judges in each county hearing foreclosure cases, to enable the judge(s) to issue show cause orders. This order takes effect immediately. / .(""' SIGNED and ORDERED in quadruplicate on September h ,2010. STEVEN J. LEVIN, Chief Judge AO re FJ Foreclosure 9-15-10 • IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR COUNTY, FLORIDA Plaintiff( s), v. CASE NO. Defendant(s). / ----------------------~ FINAL JUDGMENT OF FORECLOSURE (Form Approved by 19th Circuit Administrative Order 2010-08) Note: This final judgment format may only be modified by adding language in sequentially numbered paragraphs beginning with paragraph 11. Attorneys may be sanctionedfor submitting afinaljudgment which improperly varies the approvedformat. This action was heard before the court on the plaintiff s Motion for Summary Final Judgment on [date of hearing]. On the evidence presented; IT IS ADJUDGED that: 1. Motion Granted. There is no dispute of material facts and plaintiffs motion for summary judgment is granted. 2. Amounts Due. Plaintiff, [plaintiffs name and address], is due: Principal $ ................... . Interest on the note and mortgage from [date] to [date] Per diem interest at [rate]% from [date] to [date] Title search expense Taxes Insurance premiums Attorneys' fees Finding as to reasonable number of hours: Finding as to reasonable hourly rate: Attorneys' fees total Court costs Filing fee Service of Process at $[amount] per defendant Publication for [reason] PROPOSED ORDERS • IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER, MARTIN, OKEECHOBEE AND ST. LUCIE COUNTIES, FLORIDA ADMINISTRATIVE ORDER 2010-08 Re: Foreclosure Final Judgments WHEREAS, the Supreme Court of Florida has issued Opinion SC09-1460 prescribing the approved form for foreclosure final judgments, WHEREAS, the form foreclosure final judgment previously approved for use in the Nineteenth Judicial Circuit by Administrative Order 2007-06 is not in compliance with the form approved by the Supreme Court, NOW, THEREFORE, pursuant to the authority vested in me as Chief Judge of the Nineteenth Judicial Circuit of Florida under Rule 2.050, Rules of Judicial Administration, it is hereby ORDERED as follows: 1. Administrative Order 2007-06 is vacated. 2. Effective immediately all foreclosure final judgments submitted to the trial courts of the Nineteenth Judicial Circuit must be in the format attached to this administrative order. The only deviations from the attached form may be by adding language to the approved form. Any additions must only be contained in numbered paragraphs beginning with paragraph "11.,,1 The trial judge has the final discretion to strike or add language. 3. The previous practice which permitted the plaintiff to cancel a foreclosure sale without a motion and order is discontinued. The Clerks of Court of the Nineteenth Judicial Circuit will no longer postpone or cancel a sale without a court order. 4. The sale date will not be cancelled without a court order issued after a timely filed motion is ruled on prior to the day of the sale. All orders canceling the 1 This requirement is designed to alert the trial judge to any language added to the approved fonn. FILING & INITIATION • Additional Costs [list separately] Subtotal $ ................. .. LESS: Escrow balance LESS: Unearned insurance premiums LESS: Other [describe] TOTAL $ .................. . 3. Interest. The total amount in paragraph 2 shall bear interest from this date forward at the prevailing rate. 4. Lien on Property. Plaintiff holds a lien for the total sum superior to all claims or estates of defendant(s), on the following described property in [name of county] County, Florida: [describe property] Property address: [street address] 5. Sale of Property. If the total sum with interest at the rate described in paragraph 2 and all costs accrued subsequent to this judgment are not paid, the clerk of this court shall sell the property at public sale on [blank line for date], to the highest bidder for cash, except as prescribed in paragraph 6,: __ at [room and street address of courthouse] beginning at [blank line for time] __ by electronic sale at [website address for online sales] beginning at [blank line for time] in accordance with section 45.031, Florida Statutes The public sale shall not be postponed or canceled without a court order, and shall proceed regardless of whether plaintiff, a plaintiffs representative, or plaintiffs counsel is present. All orders postponing or canceling the sale must be filed with the clerk of court no later than 5:00 p.m. two business days before the sale date. Counsel for plaintiff must be certain that the clerk has the original proof of publication of the notice of sale on file no less than three business days before the sale date. Failure to file the original proof of publication of the notice of sale will not stop the sale, however the certificate of sale will not issue until the original proof of publication of notice of sale is filed. The failure of plaintiffs counsel to properly and timely publish the notice of sale may result in sanctions against the plaintiff, plaintiffs counsel individually, and the law firm representing the plaintiff. If the original proof of publication of the notice of sale is not filed with the clerk within ten calendar days after the sale, an order will be entered directing the plaintiff to show cause why the sale should not be vacated and the case dismissed with or without prejudice. The fact that an attorney has a high volume practice will not be a showing of good cause.
ADMINISTRATIVE OFFICE OF THE COURTS INTER-OFFICE MEMORANDUM TO: FROM: DATE: RE: 2010-24 Honorable Jeffrey K. Barton Honorable Marsha Ewing Honorable Sharon Robertson Honorable Joseph E. Smith Thomas A. Genung, Trial Court Administrator September 17, 2010 Administrative Order 2010-08 Foreclosure Final Judgments Attached please find original Administrative Order 2010-08 for filing with the Court. If you have any questions regarding the above, please do not hesitate to contact me. TAGjmt Attachment cc wjattach: All Judges in th~ Nineteenth Judicial Circuit All Magistrates and Hearing Officers in the Nineteenth Judicial Circuit All Staff Attorneys in the Nineteenth Judicial Circuit Honorable Bruce Colton, State Attorney's Office Honorable Diamond Litty, Public Defender's Office All County Attorneys in the Nineteenth Judicial Circuit All Local Law Libraries All Local Bar Presidents IT 250 N.W
Reviewer note: Document sha256: 5bb468f35cc3ff65de4bf1466ee0a048a1a5f9935a3f35fffe038c18862d178a. One rule per order rather than per topic, so an order's requirements stay together. Published during the completeness pass.
1 verbatim requirement published by Palm Beach magistrate 01 on hearing time & argument limits.
1 verbatim requirement published by Palm Beach magistrate 02 on hearing time & argument limits.
1 verbatim requirement published by Palm Beach magistrate 03 on hearing time & argument limits.