Baker, Bradford and Union Foreclosure Proceedings

NOTICE OF APPEARANCE AND COVERAGE COUNSEL:

Pursuant to Eighth Judicial Circuit Administrative Order No. 1.30, with the permission of the client, an attorney may arrange for another attorney to appear at a proceeding to represent a party. Such “coverage” attorneys must file a notice of appearance as co-counsel before the court will recognize the attorney as representing that party. All notices must be filed in compliance with Fla. R. Jud. Admin. 2.505(e). A notice of appearance must be filed prior to the start of the proceedings and counsel must be familiar with the case and fully prepared to address all issues pending before the court. Failure to timely file a proper Notice of Appearance is the same as a non-appearance and may result in the striking of pleadings, dismissal of claims, or the imposition of other permissible sanctions deemed proper, and shall constitute a waiver of Exceptions to the Magistrate’s Report and Recommendation pursuant to Fla. R. Civ. P. 1.490(h)

PROPOSED ORDERS:

  • PROPOSED ORDERS for the Civil Division will no longer be accepted via e-filing by the Baker, Bradford and Union County Clerks of Court.  Motions should continue to be e-filed with the Clerk’s Office.
  • Proposed Orders shall be e-mailed to foreclosures@circuit8.org.
  • The subject line should provide the following: Proposed Order, [county], [full case number].
  • Please provide the Proposed Order in Word Format, including an enclosure letter and a courtesy copy of the Motion. Supporting documentation for the Motion shall be filed via the Florida Courts’ e-Portal. Please do not provide the Court with the supporting documentation. The Court will review the case filing system and review any supporting documentation electronically.
  • If there are parties who have not consented to use of e-mail service, stamped addressed envelopes should be mailed or hand delivered to the foreclosure manager.
  • Orders will not be entered until the motion has been docketed and imaged by the Clerk.
  • All orders shall include a certificate of service at the bottom of the order. Please indicate the name of the party who is to receive the order, as well as the party’s e-mail/e-service address OR mailing address, if a hard copy is required.

PROPOSED FINAL JUDGMENTS:

  • Proposed Final Judgments (FJ) shall be e-mailed to foreclosures@circuit8.org at least five (5) days prior to the scheduled hearing date.
  • The subject line should provide the following: Proposed Final Judgment, [county], [full case number], [hearing date].
  • Please attach ONLY an enclosure letter and the Proposed Final Judgment.
  • Certificates of Sale, Certificates of Disbursement, Certificates of Title, and Notices of Sale shall be forwarded separately to the Clerk of Court in accordance with the Clerk’s procedures.
  • The Motion for Summary Judgement and supporting documentation shall be filed via the Florida Courts e-Portal. Please do not provide the Court with the Motion or the supporting documentation. The Court will review the case filing system prior to the hearing.
  • One (1) copy of the Proposed Final Judgment (that was previously e-mailed as required above) shall be brought to the scheduled hearing along with envelopes (with sufficient postage) for only those parties to be served by U.S. Mail rather than by Electronic Mail. (See Administrative Order 1.07). Please clip the envelopes together, along with a sticky note, that indicates the case name and case number.

ORIGINAL NOTE:

  • Plaintiff IS REQUIRED to file original note with the Clerk of Court no less than ten (10) days prior to the scheduled Non-Jury Trial. Any party wishing to inspect the note may do so by contacting the Clerk’s office to make arrangements to do so no less than three (3) days prior to trial and inform all parties.
  • Original documents should be filed directly with the clerk of the court in the county where the action is filed. Please do not send any original documents to the Judge or Magistrate unless specifically requested to do so.

TELEPHONIC APPEARANCES:

  • Requests for telephonic appearances are NOT routinely granted. Any requests will be considered on a case-by-case basis and granted only in exceptional circumstances. A motion for telephonic appearance must be filed with the Clerk of Court at least FIFTEEN BUSINESS DAYS before the hearing along with a copy e-mailed to foreclosures@circuit8.org.

EMERGENCY MOTIONS

  • A copy of any “Emergency” motion e-filed with the Clerk of Court and served upon opposing counsel should be provided to the Magistrate’s office for review by e-mailing foreclosures@circuit8.org. If the Court determines a hearing should be granted, the foreclosure case manager will advise the moving party of an expedited date and time for hearing.

SCHEDULING A HEARING

  • The foreclosure manager only accepts requests for hearing dates by e-mail at foreclosures@circuit8.org. All hearing requests should include the [county name], [full case number], style of case, type of motion(s) being heard, the attorneys involved, and the amount of time requested. Counsel must coordinate the hearing time prior to contacting the foreclosure case manager to confirm the hearing date and time. Once a date and time has been agreed upon, an e-mail should be sent to the foreclosure case manager confirming the date, and a courtesy copy of the notice of hearing e-mailed to foreclosures@circuit8.org.

MOTIONS TO CANCEL SALES:

  • To ensure timely review, motions to cancel or reschedule a foreclosure sale shall be electronically filed at least five (5) days prior to the scheduled sale date.  Good cause must be shown for the granting of the Motion and all supporting documentation must be attached to the Motion.
  • If you are seeking to cancel a sale due to a federal moratorium, you must include the following information in your motion:
    • Which moratorium applies to this specific property.
    • The current expiration of the moratorium.
    • The occupancy status of the property (verified within the last 60 days).
    • Efforts to confer with other parties and their position on your motion.
  • A copy of any “Emergency” Motion to cancel/reschedule a foreclosure sale that has been e-filed with the Clerk of Court and served upon opposing counsel should also be provided to foreclosures@circuit8.org.  If the Court determines that a hearing is necessary, the Foreclosure Manager will advise the moving party of an expedited date and time for the hearing. Please note that failure to timely file a motion does not constitute an emergency.

CONTINUANCES:

Continuances are not routinely granted and are evaluated on a case-by-case basis. All requests must be made with specificity and show good cause. All requests must comply with Fla. R. Civ. P. 1.460.

If you are seeking to continue or cancel a non-jury trial due to a federal moratorium, you must include the following information in your motion:

  • Which moratorium applies to this specific property.
  • The current expiration of the moratorium.
  • The occupancy status of the property (verified within the last 60 days).
  • Efforts to confer with other parties and their position on your motion.

ENVELOPES

  • Please be advised that all envelopes and postage provided by the parties become the property of the Eighth Judicial Circuit and if not used in the particular case provided, may be reused in other cases.