Florida Statutes

Fla. Stat. § 51.011 (2025)

Summary procedure.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

51.011 Summary procedure.—The procedure in this section applies only to those actions specified by statute or rule. Rules of procedure apply to this section except when this section or the statute or rule prescribing this section provides a different procedure. If there is a difference between the time period prescribed in a rule and in this section, this section governs.

(1) PLEADINGS.—Plaintiff’s initial pleading shall contain the matters required by the statute or rule prescribing this section or, if none is so required, shall state a cause of action. All defenses of law or fact shall be contained in defendant’s answer which shall be filed within 5 days after service of process. If the answer incorporates a counterclaim, plaintiff shall include all defenses of law or fact in his or her answer to the counterclaim and shall serve it within 5 days after service of the counterclaim. No other pleadings are permitted. All defensive motions, including motions to quash, shall be heard by the court prior to trial.

(2) DISCOVERY.—Depositions on oral examination may be taken by any party at any time. Other discovery and admissions may be had only on order of court setting the time for compliance. No discovery postpones the time for trial except for good cause shown or by stipulation of the parties.

(3) JURY.—If a jury trial is authorized by law, any party may demand it in any pleading or by a separate paper served not later than 5 days after the action comes to issue. When a jury is in attendance at the close of pleading or the time of demand for jury trial, the action may be tried immediately; otherwise, the court shall order a special venire to be summoned immediately. If a special venire be summoned, the party demanding the jury shall deposit sufficient money with the clerk to pay the jury fees which shall be taxed as costs if he or she prevails.

(4) NEW TRIAL.—Motion for new trial shall be filed and served within 5 days after verdict, if a jury trial was had, or after entry of judgment, if trial was by the court. A reserved motion for directed verdict shall be renewed within the period for moving for a new trial.

(5) APPEAL.—Notice of appeal shall be filed and served within 30 days from the rendition of the judgment appealed from.

History.—s. 7, ch. 67-254; s. 23, ch. 73-333; s. 5, ch. 87-405; s. 292, ch. 95-147.

Notes of Decisions

Cited in 56 cases (10 in the last 5 years), 1968–2026 · leading case: Pro-Art Dental Lab, Inc. v. V-Strategic Grp., LLC, 986 So. 2d 1244 (Fla. 2008).

Sort: Relevance Newest Treatment

Pro-Art Dental Lab, Inc. v. V-Strategic Grp., LLC, 986 So. 2d 1244 (Fla. 2008). · cites it 65× “§ 51.011, Fla. Stat. (2006) (emphasis supplied).”

Crocker v. Diland Corp., 593 So. 2d 1096 (Fla. Dist. Ct. App. 1992). · cites it 30× “The motion recites that the summary procedure in section 51.011, Florida Statutes (1989) is applicable to Chapter 82 and that Diland failed to file an answer, as required by section 51.”

Herrell v. Seyfarth, Shaw, 491 So. 2d 1173 (Fla. Dist. Ct. App. 1986). · cites it 10× “We find support in this conclusion by the adoption in 1967 of the summary procedure mechanism (Chapter 67-254, § 7, Laws of Florida, Section 51.011, Florida Statutes), its explicit application to part I of chapter 83 (Section 83.”

Pro-Art Dental Lab v. V-Strategic Grp., 959 So. 2d 753 (Fla. 4th DCA 2007). · cites it 20× “We deny the petition, finding that, under the summary procedure of section 51.011, Florida Statutes (2006), the county court properly entered a default against the tenant after disposing of the tenant's defensive motion.”

Baldwin Sod Farms, Inc. v. Corrigan, 746 So. 2d 1198 (Fla. Dist. Ct. App. 1999). · cites it 10× “Baldwin said that it would pay any costs required by section 51.011, Florida Statutes (1997), in connection with its demand for a jury trial.”

Berry v. Clement, 346 So. 2d 105 (Fla. Dist. Ct. App. 1977). · cites it 4× “Section 51.011, Florida Statutes (1975), which governs summary procedure, requires service of the defendant's answer within 5 days after service of process.”

Dnd Mail Corp. v. Andgen Props., LLC, 28 So. 3d 111 (Fla. 4th DCA 2010). · cites it 3× “2008) (holding that rules of civil procedure apply to summary eviction proceedings under chapter 51: “The plain text of section 51.011 does not provide for instantaneous defaults in the event a party has filed a defensive motion and thereafter an untimely responsive pleading”).”

Wilkins v. Tebbetts, 216 So. 2d 477 (Fla. Dist. Ct. App. 1968). · cites it 6× “" The summary procedure of Fla. Stat. § 51.011 (1), F.S.A. requires that "all defenses of law or fact shall be contained in the defendant's answer.”

Camena Investments & Prop. Mgmt. v. Cross, 791 So. 2d 595 (Fla. 3d DCA 2001). · cites it 2× “21, Florida Statutes (1995), provides for actions for the removal of tenants by summary procedure as provided in section 51.011, Florida Statutes (1995). This statutory scheme allows the landlord to bring an action only for possession and authorizes the landlord to file a…”

Synchron, Inc. v. Kogan, 757 So. 2d 564 (Fla. 2d DCA 2000). · cites it 4× “010, statutory summary proceedings generally are governed by section 51.011, Florida Statutes (1997). See Hayden v.”

In Re Amend. to the Florida Sm. Cl. Rules, 601 So. 2d 1201 (Fla. 1992). · cites it 4× “00 exclusive of costs, interest, and attorneys' fees; if there is a difference between the time period prescribed by these rules and by Ssection 51.011, Florida Statutes, the statutory provision shall govern.”

Sheradsky v. Basadre, 452 So. 2d 599 (Fla. Dist. Ct. App. 1984). · cites it 2× “21, Florida Statutes (1983). The deposition of Egbert E.”

Show all 56 citing cases →

— 51.011(1) — 15 cases

Pro-Art Dental Lab, Inc. v. V-Strategic Grp., LLC, 986 So. 2d 1244 (Fla. 2008). “§ 51.011, Fla. Stat. (2006) (emphasis supplied).”

Crocker v. Diland Corp., 593 So. 2d 1096 (Fla. Dist. Ct. App. 1992). “The motion recites that the summary procedure in section 51.011, Florida Statutes (1989) is applicable to Chapter 82 and that Diland failed to file an answer, as required by section 51.”

Pro-Art Dental Lab v. V-Strategic Grp., 959 So. 2d 753 (Fla. 4th DCA 2007). “We deny the petition, finding that, under the summary procedure of section 51.011, Florida Statutes (2006), the county court properly entered a default against the tenant after disposing of the tenant's defensive motion.”

Dnd Mail Corp. v. Andgen Props., LLC, 28 So. 3d 111 (Fla. 4th DCA 2010). “2008) (holding that rules of civil procedure apply to summary eviction proceedings under chapter 51: “The plain text of section 51.011 does not provide for instantaneous defaults in the event a party has filed a defensive motion and thereafter an untimely responsive pleading”).”

Synchron, Inc. v. Kogan, 757 So. 2d 564 (Fla. 2d DCA 2000). “010, statutory summary proceedings generally are governed by section 51.011, Florida Statutes (1997). See Hayden v.”

— 51.011(2) — 1 case

— 51.011(3) — 3 cases

Baldwin Sod Farms, Inc. v. Corrigan, 746 So. 2d 1198 (Fla. Dist. Ct. App. 1999). “Baldwin said that it would pay any costs required by section 51.011, Florida Statutes (1997), in connection with its demand for a jury trial.”

Moffett v. MacArthur, 291 So. 2d 134 (Fla. Dist. Ct. App. 1974).

Brown v. State, 211 So. 3d 325 (Fla. 1st DCA 2017).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.