IN RE FLORIDA RULES OF CIVIL PROCEDURE
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The Florida Supreme Court issued an order correcting and clarifying three aspects of the Florida Rules of Civil Procedure: clarifying the proper numbering of Rule 1.370(b) regarding admissions, amending Rule 1.640(a) concerning petitions for writs of certiorari to the circuit court, and amending Form 1.918 for notice to defendants.
The Court corrected Rule 1.370(b) to clarify that admissions made pursuant to a request are for the pending action only and cannot be used against a party in any other proceeding. The Court amended Rule 1.640(a) to specify the requirements for certiorari petitions, including the 30-day filing deadline and required documentation. The Court amended Form 1.918 to provide a standardized template for notice to defendants.
[1] Admissions made pursuant to a request for admission are limited to the pending action and cannot be used in any other proceeding.
[2] An application for a writ of certiorari to the circuit court must be filed within 30 days of the order or judgment sought to be reviewed.
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Join FLexlaw to unlock all legal intelligence“Any admission made by a party pursuant to such request is for the purpose of the pending action only and neither constitutes an admission by him for any other purpose nor may be used against him in any other proceeding.”
Establishes the scope and limitation of admissions under Rule 1.370(b), clarifying they apply only to the pending action.
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Join FLexlaw to unlock all legal intelligenceThis is a procedural order addressing drafting errors and clarifications in the Florida Rules of Civil Procedure. The Court had previously issued an o…
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Order Correcting Errors and Clarifying Rules
The Florida Rules of Civil Procedure are hereby corrected and clarified in .the following respects, viz:
I. It was the intention of this Court in its opinion filed June 19, 1968 [211 So.2d 206 (Fla.1968)] to amend Rule 1.370(a), 30 F.S.A. Said amendment should have been numbered Rule 1.370(a), Rule 1.370 (b) reading as follows, viz:
“b) Effect of Admission. Any admission made by a party pursuant to such request is for the purpose of the pending action only and neither constitutes an admission by him for any other purpose nor may be used against him in any other proceeding.”
was not repealed.
II. Rule 1.640(a) is amended to read as follows:
“An application for writ of certiorari to the circuit court shall be made by petition filed within 30 days from the date of the proceeding, order, or judgment sought to be reviewed. It shall be accompanied by either the original record or a certified transcript of the record of the proceedings the petitioner seeks to have reviewed or so much of it as is essential. Unless shown by another party to be necessary, no other record shall be required. The petition shall contain a concise statement of the proceeding and the reasons relied on ' for granting the writ and shall be accompanied by a supporting brief.”
III.Form 1.918 [211 So.2d 174, 183 (Fla. 1968)] is amended to read as follows:
“TO DEFENDANT-, AND ALL OTHERS WHOM IT MAY CONCERN:
YOU ARE NOTIFIED of the institution of this action by plaintiff-against you seeking (“to foreclose a mortgage on” or “to partition” or “to quiet title to” or “a divorce and relief concerning” or other type of action) the following property in_County, Florida:
(legal description of property)
DATED on_, 19_
This Order shall become effective Midnight, September 30, 1970.
It is so ordered.
ERVIN, C. J., and ROBERTS, DREW, THORNAL, CARLTON, ADKINS and BOYD, JJ., concur.
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Clement v. Aztec Sales, Inc., 283 So. 2d 68 (Fla. 4th DCA 1973)
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VAN Meter v. Singletary, 682 So. 2d 1162 (Fla. 1st DCA 1996)…r filing the petition. That rule required filing of a petition “within 60 days from the date of the proceeding, order, judgment or decree sought to be reviewed.” In 1970, the time limit was reduced to 30 days. In re Florida Rules of Civil Procedure, 237 So. 2d 151 (Fla.1970). The other extraordinary remedies, however, did not reference any filing time at all, not even in the most general terms. In the Florida Appellate Rules (1962 Revision, as amended 1968), rule 4.5 was the single rule covering extraordinar…
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Overstreet v. Bishop, 343 So. 2d 958 (Fla. 1st DCA 1977)…any less informed had the required legend been placed upon the mortgage. No attack is made upon the constitutionality of the statute. Indeed, the availability of such relief has been foreclosed by the Supreme Court’s opinion in Winner v. Westwood, 237 So. 2d 151 (Fla.1970). We understand the legislative intent behind the statute’s enactment as stated in Winner: “Its purpose was to regulate the practice of drafting mortgages in terms which allowed for payment of relatively small installments for a period of…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In re Florida Rules of Civil Procedure, 211 So. 2d 174 (Fla. 1968)