Author: Brian C. Willis

Foreclosure Magistrates Rule Change

The Florida Supreme Court has created a new Rule 1.491 that is intended to govern the use of magistrates in all residential mortgage foreclosure cases.  Sections of Rule 1.490 that  dealt exclusively with residential mortgage foreclosures have been deleted from that rule and incorporated into new Rule 1.490. The rule amendments are effective as of… Read more

E-filing: Amendments to Florida Rules of Judicial Administration

Last week, the Florida Supreme Court amended Florida Rules of Judicial Administration 2.515, 2.516, and 2.525.  These amendments are effective immediately.  Each of the amended rules has been updated on FloridaCivPro.com. The amendment to Florida Rule of Judicial Administration Rule 2.515 clarifies and modifies the significance of an attorney’s signature on a document.  What does it mean… Read more

Collecting on a Judgment

Miami-Dade County provides a nice guide to collecting on a money judgment.  Some of the information is specific to Miami-Dade, but most of the information applies to judgments entered throughout the state. Collecting on a Judgment Step-By-Step Guide  … Read more

Personal Jurisdiction Over Judgment Debtor Not Necessary to Domesticate Foreign Judgment

A judgment creditor sought to domesticate and enforce a foreign judgment in Florida.  The judgment debtor challenged enforcement on the grounds that Florida lacked personal jurisdiction over the judgment debtor.  The Second DCA determined that the judgment could be domesticated in Florida regardless of whether Florida had personal jurisdiction over the judgment debtor.  In the… Read more

After One Year, Judgment Can Only Be Set Aside for Extrinsic Fraud

On February 25, 2010, an agreed final judgment of foreclosure was entered pursuant to a settlement agreement between the original lender and the defendants/appellees. On August 31, 2012, the defendants filed an objection to the sale and a rule 1.540(b) motion to vacate the February 2010 final judgment of foreclosure.  The trial court denied the defendants’ motion. The Fourth DCA ruled that… Read more

Matter Not At Issue – Reversible Error

In this mortgage foreclosure case, the trial court set the matter for trial within twenty days of the date on which the defendant answered the Complaint.  Defense counsel objected to the trial proceeding as scheduled.  For a matter to be at issue, and thus ready for trial, Rule 1.440 requires that at least twenty days must… Read more