Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
After serving all parties in a Florida partition action and waiting out the response period, you can schedule a hearing by following these steps:
1. Confirm Expiration of the Response Period
Under Florida Rule of Civil Procedure 1.140, defendants have 20 days to file an answer after service of the citation (Rule 1.140). Confirm that no answer has been filed.
2. Obtain a Clerk’s Default
If no answer appears, file a Request for Default with the clerk of court under Florida Rule of Civil Procedure 1.500 (Rule 1.500). The clerk will enter a default against the non-responding parties.
3. Prepare a Notice of Hearing
Draft a Notice of Hearing that specifies the date, time, and location of the final partition hearing. Under Florida Rule of Civil Procedure 1.091, you must serve this notice at least 5 days before the hearing date (Rule 1.091).
4. Serve the Notice of Hearing
Serve the Notice of Hearing on all parties (and their attorneys) by mail or personal delivery. Include a Certificate of Service to prove compliance.
5. File and Calendar the Hearing
File the original Notice of Hearing with the clerk. Request that the clerk calendar the hearing and publish the date in the court’s docket.
6. Submit Supporting Documents
Attach any required documents, such as the commissioners’ report (see Florida Statutes § 64.021, F.S. 64.021) or a motion for sale under § 64.031 (F.S. 64.031). Provide a proposed final order for the court’s review.
7. Attend the Final Hearing
Appear at the hearing to present your case or default proof. The judge will review records, reports, and any objections before issuing a final order of partition or sale.
Helpful Hints
- Check local court calendars and filing deadlines.
- Use the court clerk’s online portal to confirm default and calendar entries.
- Prepare an agenda and a binder with exhibits for the hearing.
- Ensure your Notice of Hearing meets the font, page-spacing, and signature requirements under Fla. R. Jud. Admin. 2.515.
- Even in default, the court may allow a non-responding party to appear. Keep communication records.