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Florida Statute 51.011 | Lawyer Caselaw & Research
F.S. 51.011 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 51
SUMMARY PROCEDURE
View Entire Chapter
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

F.S. 51.011 on Casetext

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 from cite.case.law:

BORJAS, v. VERGARA,, 232 So. 3d 1067 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

BROWN, v. STATE, 211 So. 3d 325 (Fla. Dist. Ct. App. 2017)

. . . . § 51.011(3), Fla. . . .

IN RE W. KENNEDY, LLC,, 512 B.R. 708 (Bankr. M.D. Fla. 2014)

. . . While the tenant did file a motion to dismiss, section 51.011(1), Florida Statutes (a summary proceedings . . .

In AMENDMENTS TO FLORIDA SMALL CLAIMS RULES, 123 So. 3d 41 (Fla. 2013)

. . . If there is a difference between the time period prescribed by these rules and section 51.011, Florida . . .

JAFFE HOUGH, P. C. v. BAINE, a, 29 So. 3d 456 (Fla. Dist. Ct. App. 2010)

. . . See § 51.011, Fla. . . .

DND MAIL CORPORATION, v. ANDGEN PROPERTIES, LLC,, 28 So. 3d 111 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

PRO- ART DENTAL LAB, INC. v. V- STRATEGIC GROUP, LLC,, 986 So. 2d 1244 (Fla. 2008)

. . . 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). . . .

TOLEDO, v. ESCAMILLA,, 962 So. 2d 1028 (Fla. Dist. Ct. App. 2007)

. . . The landlord is entitled to the summary procedure provided in s. 51.011[F.S. 1971], and the court shall . . .

PRO- ART DENTAL LAB, INC. a v. V- STRATEGIC GROUP, LLC, a, 959 So. 2d 753 (Fla. Dist. Ct. App. 2007)

. . . 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. . . .

J. SIMS, v. NAZIR,, 934 So. 2d 474 (Fla. Dist. Ct. App. 2003)

. . . reverse the trial court’s order finding that it is contrary to the summary procedure set forth in section 51.011 . . .

CAMENA INVESTMENTS AND PROPERTY MANAGEMENT CORP. v. CROSS,, 791 So. 2d 595 (Fla. Dist. Ct. App. 2001)

. . . (1995), provides for actions for the removal of tenants by summary procedure as provided in section 51.011 . . .

SYNCHRON, INC. v. KOGAN,, 757 So. 2d 564 (Fla. Dist. Ct. App. 2000)

. . . 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 SOD FARMS, INC. a v. D. CORRIGAN P. Jr. Co- J., 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 . . . 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 . . .

In AMENDMENTS TO THE FLORIDA SMALL CLAIMS RULES, 682 So. 2d 1075 (Fla. 1996)

. . . attorneys’ fees; if there is a difference between the time period prescribed by these rules and section 51.011 . . .

WENBOY LIMITED PARTNERSHIP, v. ROCKLEDGE BAR- B- Q, INC. a L. s B- Q, a, 619 So. 2d 414 (Fla. Dist. Ct. App. 1993)

. . . 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 . . .

In AMENDMENTS TO THE FLORIDA SMALL CLAIMS RULES, 601 So. 2d 1201 (Fla. 1992)

. . . 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 . . .

R. HAYDEN v. BEESE,, 596 So. 2d 1207 (Fla. Dist. Ct. App. 1992)

. . . 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 . . .

CROCKER v. DILAND CORPORATION, 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 . . . 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. . . . .

LAUNDROMAT SERVICES CONSULTANTS, INC. v. INVESTORS REAL ESTATE MANAGEMENT OF TALLAHASSEE, INC., 42 Fla. Supp. 2d 11 (Fla. Cir. Ct. 1990)

. . . 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 . . .

P N ENTERPRISES, INC. v. LAMPCOMB, 27 Fla. Supp. 2d 57 (Osceola Cty. Ct. 1988)

. . . Florida Statutes Chapter 51.011(1) provides in pertinent part: “If the answer incorporates a counterclaim . . .

In PROVINCETOWN- BOSTON AIRLINE, INC. a k a PBA,, 67 B.R. 66 (Bankr. M.D. Fla. 1986)

. . . lien, and then the claimant is entitled to a summary proceeding provided for under Florida Statute § 51.011 . . .

ASH v. DADE COUNTY,, 18 Fla. Supp. 2d 185 (Fla. Cir. Ct. 1986)

. . . Actions for possession are governed by Section 51.011, F.S., Summary Procedure, which states that “[a . . .

REXMERE LAKE VILLAGE MANAGEMENT, INC. v. SIGNOR, 20 Fla. Supp. 2d 67 (Broward Cty. Ct. 1986)

. . . 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 . . .

C. HERRELL, Jr. C. Jr. P. A. v. SEYFARTH, SHAW, FAIRWEATHER GERALDSON, A, 491 So. 2d 1173 (Fla. Dist. Ct. App. 1986)

. . . 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 . . .

OGILVIE v. RUTLEDGE, 14 Fla. Supp. 2d 52 (Orange Cty. Ct. 1985)

. . . Stat. 51.011, is a quick resolution of eviction; this statute will be thwarted if every owner of the . . .

McHENRY v. KLEMMER, 16 Fla. Supp. 2d 61 (Orange Cty. Ct. 1985)

. . . Stat. 51.011(1) provides in part: . . . . .

INVESTMENT INCOME REALTY, INC. v. BENTLEY, 10 Fla. Supp. 2d 40 (Orange Cty. Ct. 1985)

. . . . 2d DCA 1977) it was held that what is now Rule 1.090(a), Fla.R.Civ.P. applies to Florida Statutes 51.011 . . .

POST v. WALLACE,, 15 Fla. Supp. 2d 1 (Fla. Cty. Ct. 1985)

. . . 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 . . .

THE FLORIDA BAR IN RE RULES OF SUMMARY PROCEDURE, 461 So. 2d 1344 (Fla. 1984)

. . . attorneys’ fees; if there is a difference between the time period prescribed by these rules and by Section 51.011 . . .

SHERADSKY, v. BASADRE, E. D. A., 452 So. 2d 599 (Fla. Dist. Ct. App. 1984)

. . . trial court, shows that the purchasers failed to utilize the summary procedure provided in Section 51.011 . . .

STEIN, v. HUBBS, 439 So. 2d 1005 (Fla. Dist. Ct. App. 1983)

. . . pursuant to section 83.59(2), Florida Statutes (1981), use the summary procedure provided in section 51.011 . . .

CUNNING v. GRIFFIN, 3 Fla. Supp. 2d 127 (Lake Cty. Ct. 1983)

. . . of this case, and that this proceeding for eviction pursuant to Part II and Florida Statutes Section 51.011 . . .

AETNA LIFE INSURANCE COMPANY v. COUNTY CASUALS, INC., 5 Fla. Supp. 2d 107 (Orange Cty. Ct. 1983)

. . . 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. . . .

HAGER, v. ILLES, 431 So. 2d 1037 (Fla. Dist. Ct. App. 1983)

. . . Section 51.011(1), Florida Statutes (1981). . . .

STATE v. MILLER,, 373 So. 2d 677 (Fla. 1979)

. . . Such person is entitled to the summary procedure under s. 51.011. . . .

THE FLORIDA BAR. In RULES OF SUMMARY PROCEDURE, 366 So. 2d 398 (Fla. 1978)

. . . 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 . . .

ALMAR MOBILE HOME PARK v. DINNA,, 48 Fla. Supp. 185 (Broward Cty. Ct. 1978)

. . . . §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 . . .

ASSURED REALTY, INC. v. BROWN, 48 Fla. Supp. 180 (Orange Cty. Ct. 1978)

. . . 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 . . .

E. PARIS, v. AFFLECK, Jr., 431 F. Supp. 878 (M.D. Fla. 1977)

. . . . § 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 . . .

BERRY v. C. CLEMENT,, 346 So. 2d 105 (Fla. Dist. Ct. App. 1977)

. . . 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 . . .

PALM CORPORATION, v. STREET THEATRE CORPORATION,, 344 So. 2d 252 (Fla. Dist. Ct. App. 1977)

. . . The landlord brought the action in the county court to evict the tenant pursuant to Section 51.011, Florida . . .

M. GOULD, v. C. RUZAKOWSKI,, 322 So. 2d 567 (Fla. Dist. Ct. App. 1975)

. . . Thereafter plaintiff moved, pursuant to RCP 1.500(b), Florida Statutes Chapter 83 and § 51.011, Fla.Stat . . .

LANE v. BRITH,, 313 So. 2d 91 (Fla. Dist. Ct. App. 1975)

. . . .-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 . . .

JASINSKY v. REILLY,, 40 Fla. Supp. 161 (Dade Cty. Cir. Ct. 1974)

. . . 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. . . .

J. A. MOFFETT, v. D., 291 So. 2d 134 (Fla. Dist. Ct. App. 1974)

. . . 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. . . .

GENTRY N. R. v. R. SMITH,, 487 F.2d 571 (5th Cir. 1973)

. . . possession, the party so entitled to possession is entitled to the summary procedure under section 51.011 . . .

WRIGHT, v. DRAPER,, 264 So. 2d 441 (Fla. Dist. Ct. App. 1972)

. . . . §§ 83.21, 51.011, and 51.011(1), F.S.A. See Avvenire College for Women Inc. v. . . .

CRYSTAL LAKE GOLF COURSE, INC. v. H. KALIN G., 252 So. 2d 379 (Fla. Dist. Ct. App. 1971)

. . . 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 . . .

FORBES, a a v. NATIONAL INDUSTRIAL BANK OF MIAMI, a, 243 So. 2d 613 (Fla. Dist. Ct. App. 1971)

. . . 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 . . .

AVVENIRE COLLEGE FOR WOMEN INC. d b a v. G. B. D. INC. d b a, 240 So. 2d 191 (Fla. Dist. Ct. App. 1970)

. . . 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. . . .

SOUTHEASTERN FIDELITY INSURANCE COMPANY, a v. BERMAN, J., 231 So. 2d 249 (Fla. Dist. Ct. App. 1970)

. . . Plaintiffs sued the defendants in unlawful detainer and sought summary relief under § 51.011, Fla.Stat . . .

W. J. WILKINS, v. TEBBETTS,, 216 So. 2d 477 (Fla. Dist. Ct. App. 1968)

. . . 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 . . .