Florida Statute 51.011 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 51
SUMMARY PROCEDURE

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F.S. 51.011

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.

F.S. 51.011 on Google Scholar

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Amendments to 51.011

Arrestable Offenses / Crimes under Fla. Stat. 51.011

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 51.011.

Annotations, Discussions, Cases:

Cases Citing Statute 51.011

Total Results: 20

In Re: Amendments to Florida Rules of Civil Procedure

Court: Fla. | Date Filed: 2024-05-23T00:00:00-07:00

Snippet: (1) actions required to proceed under section 51.011, Florida Statutes; (2) actions proceeding

Cameron Jenkins v. Euclid, L.C.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-17T00:00:00-07:00

Snippet: allowing it to proceed more expeditiously, see § 51.011, Fla. Stat. (2022) (Summary Procedure) and § 83.59

MERCURY IDEMNITY COMPANY OF AMERICA vs CENTRAL FLORIDA MEDICAL & CHIROPRACTIC CENTER, INC. D/B/A STERLING MEDICAL GROUP A/A/O STHEFANY SANTIAGO

Court: Fla. Dist. Ct. App. | Date Filed: 2023-10-27T00:00:00-07:00

Snippet: has been eliminated.” CMS 1500 form instrs. at 51. 11 Sterling argues that, due to an information gap

LENMAR REALTY, LLC v. SUN ELECTRIC WORKS, INC. and LAKE VISTA CENTER, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2021-04-14T00:53:00-07:00

Snippet: ” in section 51.011, Florida Statutes (2018). § 83.21, Fla. Stat. (2018). Section 51.011 provides for

VENTURA GOMEZ v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2021-01-19T23:53:00-08:00

Snippet: 364-65, 123 S. Ct. at 1550-51. 11 At trial, the court rejected

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Small Claims Rules, and Florida Rules of Appellate Procedure – Jurisdiction

Court: Fla. | Date Filed: 2019-11-14T00:00:00-08:00

Snippet: period prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall

Cousins v. Post-Newsweek Stations Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-19T23:53:00-08:00

Snippet: Television Corp., 413 So. 2d 51, 11 55 (Fla. 3d DCA 1982).

Borjas v. Vergara

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-18T00:53:00-07:00

Snippet: expedited trial pursuant to sections 83.59 and 51.011, Florida Statutes, and entered the Final Judgment…entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar

Brown v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-02-16T00:00:00-08:00

Citation: 211 So. 3d 325, 2017 WL 634734, 2017 Fla. App. LEXIS 2069

Snippet: example, an eviction) requiring a special ve-nire. § 51.011(3), Fla. Stat. (2016) (“If a special venire be

Miguel Angel Alfonso-Roche v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-01T00:00:00-07:00

Citation: 199 So. 3d 941, 2016 WL 3065576, 2016 Fla. App. LEXIS 8352

Snippet: The mean prison sentence for these defendants was 51.11 months and the median prison sentence was 36 months

In re Amendments to the Florida Small Claims Rules

Court: Fla. | Date Filed: 2013-09-26T00:00:00-07:00

Citation: 123 So. 3d 41, 38 Fla. L. Weekly Supp. 684, 2013 WL 5355064, 2013 Fla. LEXIS 2065

Snippet: time period prescribed by these rules and section 51.011, Florida Statutes, the statutory provision shall

Ago

Court: Fla. Att'y Gen. | Date Filed: 2010-06-07T00:53:00-07:00

Snippet: entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar

Jaffe & Hough, P.C. v. Baine

Court: Fla. Dist. Ct. App. | Date Filed: 2010-03-12T00:00:00-08:00

Citation: 29 So. 3d 456, 2010 Fla. App. LEXIS 3124, 2010 WL 843882

Snippet: Concurs. ALTENBERND, J., Concurs specially. . See § 51.011, Fla. Stat. (2008) (providing for abbreviated pre-trial

Dnd Mail Corp. v. Andgen Properties, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2010-01-13T00:00:00-08:00

Citation: 28 So. 3d 111, 2010 Fla. App. LEXIS 145, 2010 WL 99120

Snippet: failure of DND to timely file an answer under section 51.011(1), Florida Statutes. DND argued that the motion…under chapter 51: "The plain text of section 51.011 does not provide for instantaneous defaults in

Pro-Art Dental Lab, Inc. v. V-Strategic Group, LLC

Court: Fla. | Date Filed: 2008-07-10T00:00:00-07:00

Citation: 986 So. 2d 1244

Snippet: neither section 51.011, chapter 66, nor the Rules of Civil Procedure state that section 51.011 applies to …under the summary procedure provided in section 51.011, Florida Statutes (2006). On April 4, 2006, V-Strategic…ejectment." (Emphasis supplied.) If section 51.011 applied to ejectment actions (which it does not…all [of its] defenses of law or fact." See § 51.011(1), Fla. Stat. (2006). On April 7, 2006, Pro-Art… mode of procedure was improper because section 51.011's summary procedure does not apply to ejectment

Toledo v. Escamilla

Court: Fla. Dist. Ct. App. | Date Filed: 2007-08-08T00:00:00-07:00

Citation: 962 So. 2d 1028

Snippet: entitled to the summary procedure provided in s. 51.011[F.S. 1971], and the court shall advance the cause

Pro-Art Dental Lab v. V-Strategic Group

Court: Fla. Dist. Ct. App. | Date Filed: 2007-06-27T00:53:00-07:00

Citation: 959 So. 2d 753

Snippet: trial. § 51.011(1), Fla. Stat. (2006) (emphasis added). By its plain language, section 51.011(1) requires…limits of section 51.011, to preclude the entry of a default. However, we read section 51.011 as allowing the…finding that, under the summary procedure of section 51.011, Florida Statutes (2006), the county court properly…entitlement to use the summary procedure of section 51.011, Florida Statutes (2006). The trial court denied…landlord. Moreover, the circuit court found section 51.011, Florida Statutes (2006), contemplated that a defendant

Connell v. Riggins

Court: Fla. Dist. Ct. App. | Date Filed: 2006-12-14T23:53:00-08:00

Citation: 944 So. 2d 1174

Snippet: contributed to the injury sustained. Ga.Code. Ann. § 51-11-7; see Whelan, 531 S.E.2d at 730; Underwood v. Atlanta

Sims v. Nazir

Court: Fla. Dist. Ct. App. | Date Filed: 2003-08-13T00:00:00-07:00

Citation: 934 So. 2d 474, 2003 Fla. App. LEXIS 12345, 2003 WL 21920383

Snippet: contrary to the summary procedure set forth in section 51.011, Florida Statutes (2002). Reversed and remanded

Med. Gen. Con., Inc. v. Chief Judge of Thir. Jud. Circuit

Court: Fla. | Date Filed: 2003-02-12T23:53:00-08:00

Citation: 840 So. 2d 1008

Snippet: transaction of official business" under rule 2.051.[11] Although Chief Judge Alvarez, in his responses