Florida Circuit Courts Ordered to Move Pending Foreclosure Cases

Florida Circuit Courts Ordered to Move Pending Foreclosure Cases

Industry Update
April 12, 2021

Source: DS News

On March 9, 2021, Florida’s Supreme Court issued Amendment 10 to the Comprehensive COVID-19 Emergency Measures for Florida Trial Courts. This administrative order was issued to create a new requirement for case management in certain civil cases, including foreclosures. The new section is entitled Case Management and Resolution.

This new amendment requires the Chief Judges of each Florida Circuit Court to issue an administrative order directing the Circuit Court Judges to “actively manage their civil cases.” Every case is to be reviewed to determine if it is complex, streamlined, or general. Most foreclosure cases will be either a streamlined case or a general civil case.

Every streamlined or general civil case will have a case management order issued that specifies deadlines for service of complaints and deadlines for adding new parties. There will also be discovery deadlines, pretrial motion deadlines, a mediation deadline, and a projected trial date. These deadlines are to be strictly enforced by the Judges.

Starting May 28, 2021, the case management orders will be issued. The order directs all Judges to conclude litigation as soon as it is reasonably and justly possible to do so, to take charge of all cases at an early stage, to control the progress of the case until it is resolved, and to apply a firm continuance policy allowing continuances only for good cause shown. There was no exception for foreclosure cases in the order.

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