Florida Statutes
Fla. Stat. § 73.061 (2025)
Pretrial hearing.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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73.061 Pretrial hearing.—
(1) Prior to the date of trial, the court may hold a hearing, in limine, to settle all disputed matters properly before it which must be determined prior to trial. Should it appear that the causes of action joined cannot be conveniently disposed of together, the court may order separate trials; provided, however, that any such actions shall be tried in the county in which the lands are located.
(2) The court in which an action in eminent domain is pending shall have jurisdiction and authority over any and all taxes and assessments encumbering the lands involved in such actions, and may stay or defer the enforcement of such taxes and assessments, including all applications for tax deeds, foreclosures and other enforcement proceedings, until final termination of such eminent domain actions. The said court may make such orders concerning such taxes and assessments as may be equitable and proper; provided, however, that ad valorem taxes levied upon any such lands shall be prorated against the owner to the date of taking.
Notes of Decisions
Cited in 9
cases, 1971–2006 · leading case: Buckley v. City of Miami Beach, 559 So. 2d 310 (Fla. 3d DCA 1990).
Buckley v. City of Miami Beach, 559 So. 2d 310 (Fla. 3d DCA 1990). “(1979); § 73.061(2), Fla. Stat. (1979); § 73.131, Fla.”
Dade Cnty. v. Gen. Waterworks Corp., 267 So. 2d 633 (Fla. 1972). “Thereafter, the trial court determined to hold a pre-trial in limine hearing under Fla. Stat. § 73.061 (1), F.S.A. [2] to resolve certain issues of law raised by appellees' affirmative defenses.”
Dade Cnty. v. Oolite Rock Co., 311 So. 2d 699 (Fla. 3d DCA 1975). “, when the necessity to take, for park purposes, was raised by the defendants, that issue was to be determined by the court (at a pre-trial hearing according to § 73.061 Fla. Stat., F.S.A.), and, by virtue of § 127.”
City of Miami Beach v. Cummings, 266 So. 2d 122 (Fla. 3d DCA 1972). “The court erred in entertaining the motion for summary judgment, ignoring § 73.061 Fla. Stat., F.S.A. in refusing to try issues other than land value in a plenary non-jury proceeding, and the court not only lacked jurisdiction to award attorneys' fees after the City had filed a…”
City of Miami Beach v. Broida, 362 So. 2d 19 (Fla. 3d DCA 1978). “Following an evidentiary hearing pursuant to Section 73.061, Florida Statutes (1977), the trial court entered an order denying the city's petition and finding, among other things, that the city failed to show that the taking was reasonably necessary for public use, and that the…”
City of Miami v. Florida East Coast Ry. Co., 286 So. 2d 247 (Fla. 3d DCA 1973). “The trial judge considered the issue of the City's right to condemn as a "disputed matter" to be settled "in limine" at a pretrial hearing pursuant to Fla. Stat. § 73.061 (1), F.S.A. After taking testimony, the judge entered an order entitled "Order on Defendant's Motion for…”
Gateway Growers v. Sch. Bd. of Palm Beach, 924 So. 2d 875 (Fla. 4th DCA 2006). “" Section 73.061(1), Florida Statutes (2004), provides that prior to trial, "the court may hold a hearing, in limine, to settle all disputed matters properly before it which must be determined prior to trial.”
City of St. Petersburg v. Div. of Admin., State Dep't of Transp., 293 So. 2d 781 (Fla. 2d DCA 1974). “See Section 73.061(2). . The able trial judge might have reached the same conclusion in response to the City’s petition for rehearing except that he viewed himself as being foreclosed from any consideration of the petition due to untimely filing.”
Dade Cnty. v. Gen. Waterworks Corp., 35 Fla. Supp. 71 (Fla. Cir. Ct., Miami-Dade Cty. 1971). “§73.061(1), Florida Statutes 1969, provides for a hearing in limine to settle all disputed matters properly before the court which must be determined prior to trial.”
— 73.061(1) — 2 cases
Gateway Growers v. Sch. Bd. of Palm Beach, 924 So. 2d 875 (Fla. 4th DCA 2006). “" Section 73.061(1), Florida Statutes (2004), provides that prior to trial, "the court may hold a hearing, in limine, to settle all disputed matters properly before it which must be determined prior to trial.”
Dade Cnty. v. Gen. Waterworks Corp., 35 Fla. Supp. 71 (Fla. Cir. Ct., Miami-Dade Cty. 1971). “§73.061(1), Florida Statutes 1969, provides for a hearing in limine to settle all disputed matters properly before the court which must be determined prior to trial.”
— 73.061(2) — 2 cases
Buckley v. City of Miami Beach, 559 So. 2d 310 (Fla. 3d DCA 1990). “(1979); § 73.061(2), Fla. Stat. (1979); § 73.131, Fla.”
City of St. Petersburg v. Div. of Admin., State Dep't of Transp., 293 So. 2d 781 (Fla. 2d DCA 1974). “See Section 73.061(2). . The able trial judge might have reached the same conclusion in response to the City’s petition for rehearing except that he viewed himself as being foreclosed from any consideration of the petition due to untimely filing.”
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