The 2023 Florida Statutes (including Special Session C)
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. . . Ver-gara’s motion for an expedited trial pursuant to sections 83.59 and 51.011, Florida Statutes, and . . . Pursuant to section 83,59, a landlord "is entitled to the summary procedure provided in s. 51.011, and . . .
. . . While the tenant did file a motion to dismiss, section 51.011(1), Florida Statutes (a summary proceedings . . .
. . . If there is a difference between the time period prescribed by these rules and section 51.011, Florida . . .
. . . See § 51.011, Fla. . . .
. . . Andgen moved for a default based on the failure of DND to timely file an answer under section 51.011( . . . civil procedure apply to summary eviction proceedings under chapter 51: “The plain text of section 51.011 . . .
. . . See § 51.011(1), Fla. Stat. (2006). . . . See § 51.011, Fla. Stat. (2006). . . . See § 51.011, Fla. Stat. (2006). . . . See § 51.011, Fla. Stat. (2006). . . . See § 51.011, Fla. Stat. (2006). . . .
. . . The landlord is entitled to the summary procedure provided in s. 51.011[F.S. 1971], and the court shall . . .
. . . We deny the petition, finding that, under the summary procedure of section 51.011, Florida Statutes ( . . . Moreover, the circuit court found section 51.011, Florida Statutes (2006), contemplated that a defendant . . . Section 51.011(1), Florida Statutes (2006), states: (1) PLEADINGS. — Plaintiffs initial pleading shall . . . All defensive motions, including motions to quash, shall be heard by the court prior to trial. § 51.011 . . . By its plain language, section 51.011(1) requires defendants to file all defenses of law or fact in an . . . However, we read section 51.011 as allowing the entry of a default once the time to answer has expired . . . and the court has disposed of timely-filed defensive motions., Section 51.011(1), Florida Statutes ( . . . The mandatory time limit for filing an answer is a crucial procedural requirement of section 51.011, . . . The practice Crocker condones contravenes the mandatory time limit of section 51.011(1). . . . Such issues must be "heard by the court prior to trial or the entry of a default. § 51.011(1), Fla. . . .
. . . reverse the trial court’s order finding that it is contrary to the summary procedure set forth in section 51.011 . . .
. . . (1995), provides for actions for the removal of tenants by summary procedure as provided in section 51.011 . . .
. . . Florida Rule of Civil Procedure 1.010, statutory summary proceedings generally are governed by section 51.011 . . . See § 51.011(1), Fla. Stat. (1997). . . .
. . . Baldwin said that it would pay any costs required by section 51.011, Florida Statutes (1997), in connection . . . that Baldwin was not entitled to a jury trial, because eviction is a summary proceeding under section 51.011 . . . and “an equitable relief proceeding” and that neither section 51.011 nor Chapter 83 of the Florida Statutes . . . Section 51.011, which allows for an expedited, summary proceeding in certain circumstances, provides . . . , after making a demand for jury trial within 5 days after suit was brought, as required by section 51.011 . . .
. . . attorneys’ fees; if there is a difference between the time period prescribed by these rules and section 51.011 . . .
. . . damages pursuant to the guaranty agreement under Count III; and summary proceedings pursuant to Section 51.011 . . . Reinstatement”: Defendant, ROCKLEDGE BAR-B-Q, INC., filed no defenses of law or fact pursuant to Section 51.011 . . . service of the complaint (rendering it untimely pursuant to the summary proceeding statute, section 51.011 . . . of the county where the premises are situated and is entitled to the summary procedure provided in § 51.011 . . . Section 51.011, Summary procedure: The procedure in this section applies only to those actions specified . . .
. . . attorneys’ fees; if there is a difference between the time period prescribed by these rules and by Ssection 51.011 . . . The addition to (b) is designed to eliminate confusion caused by denomination of Ssection 51.011, Florida . . .
. . . their motion for a temporary injunction to prevent their landlord from evicting them under section 51.011 . . . Count II sought an injunction to prevent the landlord from evicting the Haydens under section 51.011, . . . therefore, hold that appellants have failed to demonstrate the constitutional infirmity of section 51.011 . . .
. . . The motion recites that the summary procedure in section 51.011, Florida Statutes (1989) is applicable . . . See § 51.011(1), Fla.Stat. (1989). . . . The summary procedure statute, section 51.011, Florida Statutes (1989), states in relevant part: 51.011 . . . The form does not contain a reference to section 51.011, Florida Statutes (1989). . . . Trawick gives no authority for this conclusion other than section 51.011(1), Florida Statutes. . . . .
. . . Claims Rules govern because Appellant elected to proceed under the Summary Procedure statute, Section 51.011 . . . Stat. 51.011 (1989). . . . The statute states that “[rjules of procedure apply to this action, [Section 51.011], except when this . . . Consequently, a claimant’s election to proceed under Section 51.011, F.S. does not necessarily require . . .
. . . Florida Statutes Chapter 51.011(1) provides in pertinent part: “If the answer incorporates a counterclaim . . .
. . . lien, and then the claimant is entitled to a summary proceeding provided for under Florida Statute § 51.011 . . .
. . . Actions for possession are governed by Section 51.011, F.S., Summary Procedure, which states that “[a . . .
. . . DCA 1977), it was held that what is now Florida Rule of Civil Procedure 1.090(a) applies to chapter 51.011 . . . Chapter 51.011, Florida Statutes governs eviction proceedings initiated under both chapter 83 and chapter . . .
. . . As such it utilized the summary procedure available to it by chapter 83 and Section 51.011, Florida Statutes . . . premises under the circumstances stated, and entitles him to the summary procedure authorized by Section 51.011 . . . the Fourth District Court of Appeal decided, reasoning from the summary procedure statute (section 51.011 . . . the actions of the tenant is now required to comply with the summary procedure provided by Section 51.011 . . .
. . . Stat. 51.011, is a quick resolution of eviction; this statute will be thwarted if every owner of the . . .
. . . Stat. 51.011(1) provides in part: . . . . .
. . . . 2d DCA 1977) it was held that what is now Rule 1.090(a), Fla.R.Civ.P. applies to Florida Statutes 51.011 . . .
. . . The Answer filed by Defendant was required by Florida Statutes Section 51.011(1) to contain “all defenses . . . Florida Statute Section 51.011(1) further provides that “no other pleadings are permitted.” (2) On or . . . filing her Answer or within five days after the cause became at issue as required by Florida Statute 51.011 . . .
. . . attorneys’ fees; if there is a difference between the time period prescribed by these rules and by Section 51.011 . . .
. . . trial court, shows that the purchasers failed to utilize the summary procedure provided in Section 51.011 . . .
. . . pursuant to section 83.59(2), Florida Statutes (1981), use the summary procedure provided in section 51.011 . . .
. . . of this case, and that this proceeding for eviction pursuant to Part II and Florida Statutes Section 51.011 . . .
. . . against the tenant for his failure to file an answer within five (5) days as required by Florida Statute 51.011 . . . Florida Statute 51.011(c) states in part: . . . . . . In landlord-eviction cases a motion tolls the time necessary to file an answer since F.S. 51.011 is silent . . . Although Florida Statute 51.011(a) permits motion practice, it fails to explain when the motion is to . . . In drafting Florida Statute 51.011, the legislature specifically provided for motion practice. . . .
. . . Section 51.011(1), Florida Statutes (1981). . . .
. . . Such person is entitled to the summary procedure under s. 51.011. . . .
. . . attorney’s fees; if there is a difference between the time period prescribed by these rules and by Section 51.011 . . . Note: The addition to (b) is designed to eliminate confusion caused by denomination of Section 51.011 . . .
. . . . §51.011 applies only to those actions specified by statute or rule. . . . The court’s interpretation of §51.011 is that it is applicable only when so specified (that is, authorized . . . Both specifically state the landlord “is entitled to the summary procedure provided in §51.011 . . .” . . . It is therefore held that the summary procedure provided in §51.011 is not available under Part III of . . . possession are not substantively similar to Form 1.902 because (and only because) the provisions of §51.011 . . .
. . . Florida Statute 83.59(2) permits a landlord seeking to evict a tenant to avail himself of Florida Statute 51.011 . . . Florida Statute 51.011(1). . . . The court notes that Florida Statute 51.011 entitled “Summary Procedure” and the Rules of Summary Procedure . . . The court further notes that Section 51.011 fails to specify whether the Rules of Civil Procedure apply . . .
. . . . § 51.011(l). While in state court, the case was controlled by Florida civil procedure. . . . Fla.Stat. § 51.011(1) provides: The procedure in this section applies only to those actions specified . . .
. . . Section 51.011, Florida Statutes (1975), which governs summary procedure, requires service of the defendant . . . Since Section 51.011, Florida Statutes (1975) does not prescribe the method of computing the five-day . . .
. . . The landlord brought the action in the county court to evict the tenant pursuant to Section 51.011, Florida . . .
. . . Thereafter plaintiff moved, pursuant to RCP 1.500(b), Florida Statutes Chapter 83 and § 51.011, Fla.Stat . . .
. . . .-59(2), F.S.1973, the plaintiff landlord utilized the summary procedure provided in § 51.011, F.S.1971 . . . F.S.1973 is a special statutory proceeding which prescribes use of the summary procedure set out in § 51.011 . . .
. . . possession of real property and removal of tenant, invoking the provisions for summary procedure in §51.011 . . . The county court dismissed their counterclaim as not being allowable under the provisions of §51.011. . . . Draper, 264 So.2d 44 (3rd Dist. 1972), and §51.011. . . . authorities allow counterclaims within the jurisdiction of the court in summary procedure actions under §51.011 . . . This cause is remanded to the county court for trial under the provisions of §51.011. . . .
. . . Section 51.011, F.S.A. . . . Sub-paragraph 3 of the latter statute provides as follows: “51.011(3) Jury. — If a jury trial is authorized . . . Section 51.011, F.S.A. does not prescribe the manner of computing the five days thereafter allowed to . . . Section 51.011(3), F.S.A. was not required to be summoned in this case. . . .
. . . possession, the party so entitled to possession is entitled to the summary procedure under section 51.011 . . .
. . . . §§ 83.21, 51.011, and 51.011(1), F.S.A. See Avvenire College for Women Inc. v. . . .
. . . cause below was conducted under the summary procedure provisions, as set forth in Sections 83.21 and 51.011 . . . We recognize that we are dealing with a summary procedure as prescribed by Section 51.011, supra; but . . . and not otherwise ruled upon by the trial court can be disposed of in accordance with F.S. section 51.011 . . .
. . . possession, the party so entitled to possession is entitled to the summary procedure under section 51.011 . . . Section 51.011(1) Pleadings— * * * If the answer incorporates a counterclaim, plaintiff shall include . . .
. . . counterclaim filed by defendant, since filing of a counterclaim is specifically authorized by F.S. 51.011 . . . the county where the premises are situated and is entitled to summary procedure provided in section 51.011 . . . Section 51.011, F.S.A., was enacted. . . .
. . . Plaintiffs sued the defendants in unlawful detainer and sought summary relief under § 51.011, Fla.Stat . . .
. . . possession, the party so entitled to possession is entitled to the summary procedure under section 51.011 . . . The summary procedure of Fla.Stat. § 51.011(1), F.S.A. requires that “all defenses of law or fact shall . . . Wilkins thus failed to raise a defense in his answer as was required under Fla.Stat. § 51.011(1), F.S.A . . .