Loading…
4 verbatim requirements extracted from 3928-01__2017-05-Third-Amended.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 • 2 EXHIBIT A I N THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR _________________ COUNTY, FLORIDA P laintiff(s), CASE NO. v. D efendant(s). ___________________________________/ F INAL JUDGMENT OF FORECLOSURE T his action was heard before the court on [date of hearing] and on the evidence presented and being otherwise duly advised in the premises, I T IS ORDERED AND ADJUDGED that: 1. M otion Granted [or] Final Judgment . There is no dispute of material facts and plaintiff’s motion for summary judgment is granted [or] Plaintiff is entitled to entry of final judgment [or] The parties have consented to entry of this final judgment. 2. Amounts Due. Plaintiff, [plaintiff’s name and address], is due: P rincipal $.................. 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 .................... • 10. Attorneys’ Fees. [If a default judgment has been entered against the mortgagor] Because a default judgment has been entered against the mortgagor and because the fees requested do not exceed 3% of the principal amount owed at the time the complaint was filed, it is not necessary for the court to hold a hearing or adjudge the requested attorneys’ fees to be reasonable. [If no default judgment has been entered against the mortgagor] The court finds, based upon the affidavits/testimony presented and upon inquiry of counsel for the plaintiff that .......... hours were reasonably expended by plaintiff's counsel and that an hourly rate of $ .......... is appropriate. Plaintiff’s counsel represents that the attorney fee awarded does not exceed its contract fee with the plaintiff. The court finds that there are no reduction or enhancement factors for consideration by the court under Florida Patients Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). (If the court has found that there are reduction or enhance ment factors to be applied, then such factors must be identified and explained herein). PROPOSED ORDERS • 1 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT I N AND FOR INDIAN RIVER, MARTIN, OKEECHOBEE, AND ST. LUCIE COUNTIES, STATE OF FLORIDA THIRD AMENDED ADMINISTRATIVE ORDER 2017-05 IN RE: MODIFICATION OF FINAL JUDGMENT ORDER FORM IN FORECLOSURE CASES WHEREAS, effective April 1, 2024, the Florida Supreme Court adopted form amendments to existing forms 1.996 (a) (Final Judgment of Foreclosure) and 1.996(b) (Final Judgment of Foreclosure for Reestablishment of Lost Note), Florida Rules of Civil Procedure. WHEREAS, it is appropriate to amend Second Amended Administrative Order 2017-05 to reflect current amendments, as applicable, within the Final Judgment Order Form in Foreclosure Cases. WHEREAS, it is necessary to maintain that all proposed final judgments of foreclosure shall be in the same or similar format and in conformity with section s 28.241(1)(a)2.c. and 45.031, Florida Statutes as it relates to identifying actual claim values and surplus funds. Now, therefore, I, Charles A. Schwab, pursuant to the authority vested in me as Chief Judge of the Nineteenth Judicial Circuit under Florida Rule of General Practice and Judicial Administration 2.215, do hereby, ORDER the following: Exhibit “A”, Final Judgment of Foreclosure, Second Amended Administrative Order 2017-05 is amended to incorporate the Court’s amendments to existing form 1.996(a) (Final Judgment of Foreclosure), Florida Rules of Civil Procedure. A ll proposed final judgments of foreclosure shall continue to be submitted to the court in the same or substantially similar format as the amended form attached hereto and as originally ordered in Paragraph 4 of Administrative Order 2015-07 as to Exhibit A. T he Second Amended Administrative Order 2017- 05 is hereby updated and amended by this Administrative Order, nunc pro tunc to April 1, 2024. D ONE AND ORDERED in quadruplicate this 5th day of April, 2024 at Ft. Pierce in St. Lucie County, Florida. FILING & INITIATION • 3 P ublication for [reason] .................... Additional Costs [list separately] ................... Subtotal (if applicable) $.................. LESS: Escrow balance ................... LESS: Unearned insurance premiums .................... LESS: Other [describe] .................... TOTAL $................... 3. Interest. T he total a mount in paragraph 2 must bear interest from t his date forward at the prevailing statutory rate of interest. 4. Lien on Property. Plaintiff holds a lien for the total sum superior to all claims or estates of defendant(s), (with the exception of any assessments that are superior pursuant to Section 718.116, or 720.3085, Florida Statutes) on the following described property in [Indian River/St. Lucie/Martin/Okeechobee] 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 must sell the property at public sale on _________________________, 20__ to the highest bidder for cash, except as prescribed in paragraph 6, by electronic sale at [Indian River beginning at 10:00 a.m.] www.indian-river.realforeclose.com [St. Lucie beginning at 8:00 a.m.] https://stlucie.realforeclose.com [M artin beginning at 10:00 a.m.] www.martin.realforeclose.com [Okeechobee beginning at 11:00 a.m.] held in the Jury Assembly Room of the Okeechobee County Courthous e www.clerk.co.okeechobee.fl.us/Foreclosures in accordance with section 45.031, Florida Statutes. The public sale must not be postponed or canceled without a court order. All orders postponing or canceling the sale must be filed with the clerk of court no later than 5:00 p.m. five (5) business days before the sale date. Counsel for plaintiff must be certain that all sale and clerk fees are paid and that the original proof of publication is filed no less than five (5) business days before the sale date. Failure to timely file the original proof of publication of the notice of sale and pay the sale and clerk fees will stop the sale. Additionally, the failure of plaintiff’s counsel to pay the sale fee and properly and timely publish the notice of sale may result in sanctions against the plaintiff, plaintiff’s counsel individually, and the law firm representing the plaintiff. Any electronic sale by the clerk must be in accordance with the written administrative policy for electronic sales published by the clerk at the official website for the clerk and posted in the public areas of the clerk’s offices. 6. Costs. Plaintiff must advance all subsequent costs of this action and must be reimbursed for them by the clerk if plaintiff is not the purchaser of the property for sale, provided, however, that the purchaser of the property for sale must be responsible for the
1 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT I N AND FOR INDIAN RIVER, MARTIN, OKEECHOBEE, AND ST. LUCIE COUNTIES, STATE OF FLORIDA THIRD AMENDED ADMINISTRATIVE ORDER 2017-05 IN RE: MODIFICATION OF FINAL JUDGMENT ORDER FORM IN FORECLOSURE CASES WHEREAS, effective April 1, 2024, the Florida Supreme Court adopted form amendments to existing forms 1.996 (a) (Final Judgment of Foreclosure) and 1.996(b) (Final Judgment of Foreclosure for Reestablishment of Lost Note), Florida Rules of Civil Procedure. WHEREAS, it is appropriate to amend Second Amended Administrative Order 2017-05 to reflect current amendments, as applicable, within the Final Judgment Order Form in Foreclosure Cases. WHEREAS, it is necessary to maintain that all proposed final judgments of foreclosure shall be in the same or similar format and in conformity with section s 28.241(1)(a)2.c. and 45.031, Florida Statu
Reviewer note: Document sha256: c9a2c6f9bd59565b8bec6c815b8aabba090e2be46d2e6a819850c4106bb78c56. One rule per order rather than per topic, so an order's requirements stay together. Published during the completeness pass. | Title normalised 2026-07-26 for readability; the court's own asset name was "19th Cir. — 3928-01__2017-05-Third-Amended.pdf: published requirements". Only the display title changed — the requirement text, source URL and hash are untouched.
46 verbatim courtroom requirements published by Judge Michael Rudisill.
16 verbatim courtroom requirements from Judge Jessica G. Costello's published division procedures.