No. 71687.
September 8, 1988.
Original Proceeding — Small Claims Rules.
Rutledge R. Liles, President, Jacksonville, Stephen N. Zack, President-elect, Miami, Paul Sidney Elliott, County Court Judge, Chairman for The Florida Bar Small Claims Rule Committee, Tampa, and John F. Harkness, Jr., Executive Director, Tallahassee, for petitioner, The Florida Bar.
Harvey L. Goldstein, County Court Judge, Miami, and Karl B. Grube, County Court Judge, St. Petersburg, for Conference of County Court Judges.
PER CURIAM.
The Florida Bar Small Claims Rules Committee has petitioned this Court to consider proposed amendments to the Florida Small Claims Rules pursuant to Rule of Judicial Administration 2.130. We have jurisdiction. Art. V, § 2(a), Fla. Const.
The following is a brief explanation of the rule changes approved by this Court.
Rule 7.050(a)(2) has been amended to allow corporations to be represented by an officer of the corporation or an employee authorized by an officer of the corporation. Rule 7.050(b) has been amended to require the party's phone number and the attorney's Florida Bar number be included on any papers filed with the court. Rule 7.050(e) has been added to combine the pretrial conference and Order to show cause hearings in replevin actions.
Rule 7.060(7) has been added to establish venue in the county where payment is to be made, absent agreement of the parties.
Rule 7.090(b) has been amended to require that pretrial conferences be held within thirty-five days from the date of the filing of the action. The amendment also details issues which should be covered during the pretrial conference. Rule 7.090(c) has been amended to require a personal appearance at the pretrial conference when a defense motion is filed. Rule 7.090(e) has been added to allow waiver of counsel's appearance at the pretrial conference where all parties are represented by counsel.
Rule 7.100(e) has been added to provide for third party claims so that all issues may be addressed and resolved.
Rule 7.140(f) has been amended to allow witness or party testimony to be taken over the telephone with or without an agreement to that effect, and authorizes attorney representation over the telephone.
Rule 7.210(a) has been amended to allow the court to stay levy as well as judgment or execution.
Rule 7.221 has been added to provide a procedure, through a hearing in aid of execution, for post-judgment discovery.
In addition, The Florida Bar Board of Governors has recommended that we amend rule 7.010 to increase the jurisdictional limit of Small Claims Courts to $5,000.00, and rule 7.090(b) to require the judge to personally preside over the pretrial conference. However, upon consideration of these proposed amendments, we decline to follow the board's recommendation. Accordingly, the proposed amendments to rules 7.010 and 7.090(b) regarding jurisdictional limit and judicial presence at pretrial conferences will not be accepted.
Appended to this opinion are the amended and new Florida Small Claims Rules. Deletions are indicated by use of struck-through type. New language is indicated by underscoring. All rules and statutes in conflict with the following rules are hereby superseded as of the effective date of these rules. The committee notes are not adopted by the Court. These amendments shall become effective January 1, 1989, at 12:01 a.m.
It is so ordered.
EHRLICH, C.J., and OVERTON, McDONALD, SHAW, GRIMES and KOGAN, JJ., concur.
BARKETT, J., dissents with an opinion.
PER CURIAM.
A corporation may be represented at any stage of the trial court proceedings by an officer of the corporation or any employee authorized by an officer of the corporation. and and telephone numbers, including area code Additionally, attorneys shall include their Florida Bar number on all papers filed with the Court. (e) Replevin. In those Replevin cases to which these rules are applicable, the Clerk of the County Court shall set the hearing required by section 78.065(2)(a), Florida Statutes (Pre-Judgment Replevin Order to Show Cause Hearings) and rule 7.050(d), Small Claims Rules (Pretrial Conferences) at the same time. AND VENUE (7) In an action for money due, if there is no agreement as to where suit may be filed, proper venue lies in the county where payment is to be made. said notice the summons/notice to appear. summons The initial Pretrial Conference shall be set by the clerk not more than 35 days from the date of the filing of the action. all matters specified in Rule 1.200(a) Florida Rules of Civil Procedure the following matters shall be considered: (1) the simplification of issues; (2) the necessity or desirability of amendments to the pleadings; (3) the possibility of obtaining admissions of fact and of documents that avoid unnecessary proof; (4) the limitations of the number of witnesses; (5) the possibilities of settlement; and (6) such other matters as the Court in its discretion deems necessary. Form 7.322 shall and Form 7.323 may be used in conjunction with this rule. motion or a (pretrial conference). (e) WAIVER OF APPEARANCE AT PRETRIAL CONFERENCE. Where all parties are represented by an attorney counsel may agree to waive personal appearance at the initial pretrial conference, if a written agreement of waiver signed by all attorneys is presented to the Court prior to or at the pretrial conference. Said agreement shall contain a short statement of the disputed issues of fact and/or law, the number of witnesses expected to testify, an estimate of the time needed to try the case and any stipulations of fact. The Court shall forthwith set the case for trial within the time prescribed by these rules. RULE 7.100 COUNTERCLAIMS, SETOFFS, THIRD-PARTY COMPLAINTS, TRANSFER WHEN JURISDICTION EXCEEDED. (e) A defendant may cause a statement of claim to be served upon a person not a party to the action who is or may be liable to him for all or part of the plaintiff's claim against him. A defendant must obtain leave of court on motion made at the initial pretrial conference and must file the third-party complaint within such time as the court may allow. The clerk shall schedule a supplemental pretrial conference and on the date and time appointed in the notice to appear the third-party plaintiff and the third-party defendant shall appear personally or by counsel. If additional time is needed for the third-party defendant to prepare a defense, the court may continue the action. Any party may move to strike the third-party claim or for its severance or separate trial. When a counterclaim is asserted against the plaintiff the plaintiff may bring in a third-party under circumstances which would entitle a defendant to do so under this rule. (f) HOW CONDUCTED. and upon agreement of the parties, a non-party any party or Additionally, at the discretion of the Court an attorney may represent a party or witness over the telephone without being physically present before the Court. or Levy or levy RULE 7.221 HEARING IN AID OF EXECUTION The Judge, at the request of the judgment creditor, shall order a judgment debtor to appear at a Hearing In Aid of Execution at a time certain 30 or more days from the date of entry of a judgment for the purpose of inquiring of the judgment debtor under oath as to earnings, financial status, and any assets available in excess of exemptions to be applied towards satisfaction of judgment. The provisions of this rule shall only apply to a judgment creditor who is a natural person and was not represented by an attorney prior to judgment. Forms 7.342, 7.343 and 7.344 shall be used in connection with this rule. FORMS IMPORTANT READ CAREFULLY DEFENDANT: ISSUES: WITNESSES (total) EXHIBITS, DOCUMENTS AND TANGIBLE EVIDENCE IMPORTANT — READ CAREFULLY! DO NOT LOSE THIS ORDER AND NOTICE OF TRIAL. IN WRITING, Bring all witnesses and all documents and all other evidences one in writing (DEFENDANT(S) NAME) EX PARTE MOTION FOR HEARING IN AID OF EXECUTION ORDER FOR HEARING IN AID OF EXECUTION FACT INFORMATION SHEET ORDER TO SHOW CAUSE
APPENDIX RULE 7.050 COMMENCEMENT ACTION, STATEMENT OF CLAIM (2) Party not represented by attorney to sign. A party, individual, or corporation, handling such cause, shall sign his or its statement of claim or other paper and state his or its address and telephone number including area code. Provided, however, if the trial court in its discretion shall determine that the plaintiff is engaged in the business of collecting claims, and holds such claim being sued upon, by purchase, assignment, or management arrangement in the operation of such business, the court may require such corporation to provide counsel in the prosecution of the cause. RULE 7.050 (b) Parties. The names, addresses of all parties or their attorneys, if any, must be stated therein. RULE 7.060 PROCESS A summons entitled Notice to Appear stating the time and place of hearing shall be served on the defendant. The Summons or Notice to Appear shall inform the defendant in a separate paragraph containing bold type, of his right to venue. This paragraph shall read: RIGHT TO VENUE. The law gives the person or company who has sued you the right to file suit in any one of several places listed below. However, if you have been sued in any place other than one of these places, you, as the defendant, have the right to request that the case be moved to a proper location or venue. A proper location or venue may be one of the following: (1) where the contract was entered into; (2) if suit is on an unsecured promissory note, where note is signed or where maker resides; (3) if the suit is to recover property or to foreclose a lien, where the property is located; (4) where the event giving rise to suit occurred; (5) where any one or more of the defendants sued reside; (6) any location agreed to in a contract. If you, as a defendant, believe the plaintiff has not sued in one of these correct places, you may appear on your court date and orally request a transfer or you may file a written request for transfer, in affidavit form (sworn to under oath) with the court seven days prior to your first court date and send a copy to the plaintiff or plaintiff's attorney, if any. A copy of the statement of claim shall be served with RULE 7.090 APPEARANCE; DEFENSIVE PLEADINGS; TRIAL DATE (b) The /notice to appear shall specify that the initial appearance shall be for a pretrial conference. At the Pretrial Conference, (c) Defensive Pleadings. Unless required by order of court, written pretrial motions and defensive pleadings are not necessary. If filed, copies of such pleadings shall be served on all other parties to the action at or prior to the pretrial conference or within such time as the court may designate. The filing of a defensive pleading shall not excuse the appearance of a party or his attorney on the initial appearance date RULE 7.140 TRIAL The trial may be conducted informally but with the decorum befitting a Court of Justice. Rules of Evidence applicable to trial of civil actions apply but are to be liberally construed. At the discretion of the Court testimony of witness may be presented over the telephone. RULE 7.210 STAY OF JUDGMENT AND EXECUTION (a) Judgment or Execution Stayed. When judgment is to be entered against a party, the judge may inquire and permit inquiry about the earnings and financial status of the party and has discretionary power to stay an entry of judgment, or if entered to stay execution upon such terms as are just and in consideration of a stipulation on the part of the judgment debtor to make such payments as will insure a periodic reduction of the judgment until it is satisfied. FORM 7.320 — DELETE FORM 7.321 — DELETE FORM 7.322 — NEW — MANDATORY USE — STATEWIDE FORM 7.323 (front) — NEW \ — PERMISSIVE USE — STATEWIDE FORM 7.323 (back) — NEW / FORM 7.340 — AMENDED FORM 7.342 — NEW FORM 7.343 — NEW FORM 7.344 — NEW IN THE COUNTY COURT IN AND FOR THE _______ JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR ________________ CIVIL DIVISION _________________________________ _________________________________ CASE NO: _______________________ Plaintiff(s) DIVISION _______________________ vs _________________________________ _________________________________ Defendant(s) SUMMONS/NOTICE TO APPEAR FOR PRE-TRIAL CONFERENCE STATE OF FLORIDA — NOTICE TO PLAINTIFF(S) AND DEFENDANT(S) ________________ ___________________________________________________________________________ ___________________________________________________________________________ YOU ARE HEREBY NOTIFIED that you are required to appear in person or by attorney at the ___________________________________________________________ in Courtroom # _________________, located at ______________________________ ___________________________________ on the ________________________ day of ________________, 19__ at __________ AM. for a PRE-TRIAL CONFERENCE before a Judge of this Court. THE CASE WILL NOT BE TRIED AT THAT TIME DO NOT BRING WITNESSES — APPEAR IN PERSON OR BY ATTORNEY The Defendant(s) must appear in court on the date specified in order to avoid a Default Judgment. The Plaintiff(s) must appear to avoid having the case dismissed for lack of prosecution. A written MOTION or ANSWER to the court by the Plaintiff(s) or the Defendant(s) shall not excuse the personal appearance of a party or its attorney at the PRE-TRIAL CONFERENCE. The date and/or time of the Pre-Trial Conference CANNOT be rescheduled without good cause and prior court approval. The purpose of the Pre-Trial Conference is to record your appearance, to determine if you admit all or part of the claim, to enable the court to determine the nature of the case, and to set the case for Trial if the case cannot be resolved at the Pre-Trial Conference. You or your attorney should be prepared to confer with the court and to explain briefly the nature of your dispute; state what efforts have been made to settle the dispute; exhibit any documents necessary to prove the case; state the names and addresses of your witnesses; stipulate to the facts that will require no proof and will expedite the trial; and estimate how long it will take to try the case. If you admit the claim, but desire additional time to pay, you must come and state the circumstances to the Court. The Court may or may not approve a payment plan and withhold Judgment or Execution or Levy. RIGHT TO VENUE. The law gives the person or company who, has sued you the right to file suit in any one of several places as listed below. However, if you have been sued in any place other than one of these places, you, as the Defendant(s) have the right to request that the case be moved to a proper location or venue. A proper location or venue may be one of the following: 1) Where the contract was entered into; 2) If suit is on unsecured promissory note, where note is signed or where maker resides; 3) If the suit is to recover property or to foreclose a lien, where the property is located; 4) Where the event giving rise to the suit occurred; 5) Where any one or more of the defendant(s) sued resides; 6) any location agreed to in a contract. In an action for money due, if there is no agreement as to where suit may be filed, proper venue lies in the county where payment is to be made. If you as a Defendant(s), believe the Plaintiff(s) has/have not sued in one of these correct places, you must appear on your court date and orally request a transfer or you may file a WRITTEN request for transfer, in Affidavit form (sworn to under oath) with the court seven days prior to your first court date and send a copy to the Plaintiff(s) or Plaintiff(s) attorney. A copy of the Statement of Claim shall be served with this Summons. DATED at ____________, Florida on this _____________ day of ________, 19__. ______________________ CLERK OF COUNTY COURT CIVIL DIVISION ______________________ ______________________ ______________________ ______________________ BY: Deputy Clerk FORM 7.322 IN THE COUNTY COURT, IN AND FOR __________ COUNTY, FLORIDA CIVIL DIVISION CASE NO. _______ ________________________________ ____ by self ________________________________ ____ by agent _______________________ Plaintiff Telephone __________ ____ by attorney _______________________ vs. ________________________________ ____ by self ________________________________ ____ by agent _______________________ Defendant Telephone ___________ ____ by attorney _______________________ PRE TRIAL CONFERENCE ORDER AND NOTICE OF TRIAL 1. ____ denied liability and damages ____ Liability and Damages ____ admits liability — denies damages ____ Liability only ____ granted ____ days to file a ____ Damages only counterclaim and/or Third Party Complaint ____ advised of probable need for expert testimony from _______________________________ 2. ____ Plaintiff ____ Defendant ____ parties advised of availability of subpoena power 3. Parties instructed that they must permit inspection after notice or furnish copies to opposite party within ______ Plaintiff _______________________ days. _________________________________ ____ Witnesses' names and addresses Defendant _______________________ ____ Documents and things to be used at trial _________________________________ 4. DISCOVERY MAY BE HAD IN ACCORDANCE WITH SUMMARY PROCEDURE RULE 7.020. 5. STIPULATION OR OTHER: TRIAL DATE ______________ 19__, at _____ M., for ______ hour (s). PLACE: ______ COUNTY COURTHOUSE ____ COURTROOM No. ____, ___. FL. JUDGE: __________________________ TELEPHONE NUMBER: ______________ ORDER THIS _________ DAY OF ________________________ 19__. BY ________________________ COUNTY COURT JUDGE IMPORTANT — TURN OVER AND READ TRIAL INSTRUCTIONS ON REVERSE SIDE. RECEIVED FOR _____________________ ______________________ FOR PLAINTIFF FOR DEFENDANT FORM 7.323 (front) YOU HAVE NOW ATTENDED A PRE-TRIAL CONFERENCE ON A SMALL CLAIMS ACTION. THIS WILL BE THE ONLY NOTICE YOU WILL RECEIVE CONCERNING YOUR TRIAL DATE AND WHAT YOU NEED TO DO TO PREPARE FOR YOUR TRIAL. YOU ARE NOW SCHEDULED FOR A TRIAL AS LISTED ON THE REVERSE SIDE OF THIS PAPER. MAKE SURE YOU ARE AWARE OF ALL OF THE FOLLOWING:- 1. NON-JURY TRIAL — You are now scheduled for a Non-Jury Trial before a County Court Judge. 2. TRIAL DATE — Do not forget your trial date. Failure to come to court on the given date at the right time may result in your losing the case and the other party winning. 3. EXCHANGE OF DOCUMENTS AND INFORMATION — If the Judge told you to submit any documents or give any information to the other party (Such as a list of your witnesses' names and addresses), DO IT. Failure to do this as directed by the Judge may cause court sanctions against you such as extra court costs, contempt of court or delays. 4. COUNTERCLAIMS — If you are the Plaintiff and you have been given a written notice that a counterclaim has been filed against you in this lawsuit, this means that you are now being sued by the Defendant. Also, if at the Pre-Trial Conference the Judge allowed the Defendant a certain number of days to file a counterclaim, the Defendant must file that counterclaim within that number of days from the date of this Pre-Trial Conference Order. If the Defendant does that, the Defendant has a claim now pending against you. If, at the time of the trial, the counterclaim has been properly filed, there are two lawsuits being considered by the Judge at the same time, the Plaintiff's suit against the Defendant and the Defendant's suit against the Plaintiff. In the event that both claims are settled by the parties, both parties should notify the Clerk of the County Court Civil Division, __________________________________, of the settlement. Only after both the Plaintiff and the Defendant have notified the Clerk in writing of the settlement is it not necessary for the parties to appear in court. Settlement of one claim, either the Plaintiff's claim against the Defendant or the Defendant's claim against the Plaintiff, has no effect as to the other claim and that remaining claim will proceed to trial on the trial date listed on the Pre-Trial Conference Order. 5. THIRD PARTY COMPLAINTS — If you are the Defendant and you believe that the Plaintiff may win his suit against you, but, if he does, someone else should pay you so you can pay the Plaintiff, then you must file a Third Party Complaint against that person and serve them with Notice of your claim. Once they are served, they must appear in Court as you have, to answer your complaint against them. This must be done prior to trial within the time allowed you by the Judge. 6. TRIAL PREPARATION — you plan to use at the trial. There is only trial Have everything ready and be on time. If the Judge advised you at the Pre-Trial Conference Hearing that you needed something for the trial, such as an expert witness (an automobile mechanic, automobile body repairman, a carpenter, a painter, etc.) or a particular document, (a note, lease, receipts, statements, etc.) make sure that you have that necessary person or evidence at the trial. Written estimates of repairs are usually not acceptable as evidence in court unless both parties agree that the written estimates are proper for the Judge to consider or unless the person who wrote the estimates is present to testify as to how he arrived at the amounts on the estimates and that those amounts are reasonable in his particular line of business. 7. COURT REPORTER AND APPEALS — Your Non-Jury Trial will not be recorded. If you wish a record of the proceedings, a court reporter is necessary. To obtain a court reporter to record your Final Hearing, you must immediately contact the official Court Reporter, ______________________ ______________________ Florida ____ Phone: (____________). The cost to secure the presence of a court reporter is a minimum of $ ____ for the first one-half hour or any portion thereof and $ ____ per each additional half hour or portion thereof. To have the record of the proceeding transcribed, the cost is $ ____ per page for the original and ____ per page for each copy. Payment for the Court Reporter's appearance must be made in advance to __________ the Official Court Reporter. Appeals to a higher court because you are not satisfied with the outcome of the trial are governed by special rules. One of these rules requires that the Appellate Court have a complete record or the trial to review for errors. If you do not have a court reporter at your trial, your chances for success on appeal will be severely limited. 8. SETTLEMENT — If all parties agree on settlement of all claims before trial, each party must notify the Judge by telephone so that the allotted trial time may be reassigned to someone else. Immediately thereafter, the parties must, notify the Clerk of the settlement and the court will thereafter dismiss the case. The mailing address is: Clerk of the County Court, Civil Division, ________________ 9. ADDRESS CHANGES — All changes in mailing addresses must be furnished in writing to the Clerk and to the opposing party. 10. ADDITIONAL PROBLEMS — For anything you do not understand about the above instructions, and information and any additional questions you may have concerning the preparation of your case for trial, please contact the Clerk of the County Court, Civil Division, in person or by telephone (_____) _________. The Clerk is not authorized to practice law and therefore can not give you legal advice on how to prove your case. However, the Clerk can be of assistance to you in questions of procedure. In the event that you need legal advice, please contact an attorney of your choice. If you know of none, call the _______ County Bar Association, Lawyer's Referral Service for assistance, (____) ________ FORM 7.323 (back) IN THE COUNTY COURT OF THE _________ JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR _________ COUNTY, FLORIDA — CIVIL DIVISION Plaintiff, vs. CASE NO: DIVISION: Defendant, __________________________________ FINAL JUDGMENT AGAINST It is Adjudged that the Plaintiff, ____________________________, recover from the Defendant(s), ________________________________, the principal sum of $ _______________________ plus pre-judgment interest of $ ___________________, (if applicable), with cost of $ __________________ making a total of $ _________________, that shall bear interest at the rate of __________ % a year for which let execution issue. ORDERED in _________________, Florida, this ___________ day of ____________________, 19__. _____________________________ JUDGE Defendants last known address: ________________________ ________________________ ________________________ FORM 7.340 IN THE COUNTY COURT OF THE ___________ JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR _________ COUNTY, FLORIDA — CIVIL DIVISION Plaintiff, CASE NO: vs. DIVISION: Defendant, __________________________________ COMES NOW the Judgment Creditor _____________ pursuant to Rule 7.221, Florida Small Claims Rules, and moves the court to enter an Order requiring the Judgment Debtor(s) ______________, ___________________, to appear at a hearing in aid of execution for the purpose of examining the Judgment Debtor(s) regarding his/her/its/their ability to satisfy the Final Judgment entered in this cause and requiring the Judgment Debtor(s) to complete a FACT INFORMATION SHEET and bring it to the Hearing in Aid of Execution. __________________________________ Judgment Creditor IT IS ORDERED AND ADJUDGED that the Judgment Debtor(s) _______ ___________________, Address: ____________________________________ __________________________________________________________ shall: 1. Appear before Judge _____________________ on the _____ day of _________________, 19__ at ___________ o'clock _______.M. in Courtroom ____, located at: ___________________________________, ____________________, Florida to be examined as to the Judgment Debtor(s) ability to satisfy the Final Judgment entered in this cause. 2. Bring to the hearing all documents and papers which relate to the Judgment Debtor(s) financial condition and the completed, notorized, Fact Information Sheet attached hereto. Judgment Debtor(s) failure to comply with this Order shall be grounds for contempt. DONE and ORDERED at _______________, __________________ County, Florida, this _______ day of ________________, 19__. _____________________________ COUNTY JUDGE FORM 7.342 IN THE COUNTY COURT OF THE _________ JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR _________ COUNTY, FLORIDA — CIVIL DIVISION Plaintiff, CASE NO: vs. DIVISION: Defendant(s) ____________________________________ Name: _____________________________________________________________________ Address: __________________________________________________________________ Telephone Number: _________________________________________________________ Place of Employment: _________________________ Salary: $ __________/_______ Social Security Number: ______________________ Birthdate: _________________ Spouse's Name: ____________________________________________________________ Spouse's Employment: _________________________ Salary: $ __________/_______ Spouse's Social Security Number: _____________ Birthdate: _________________ Other Income: ________________________________ Amount: $ __________________ Number in Family: _________________________________________________________ Home Mortgage or Rent Paid to: ____________________________________________ Monthly Payments: $ _______________________________________________________ Checking Account at: _________________________ Account # __________________ Savings Account at: __________________________ Account # __________________ Do You Own a Vehicle? _____ Year/Make/Model: ______________________________ Vehicle ID#: ______________ Tag No.: ______________ Loan: $ _______________ Please check if you own the following: Boat _____________ Camper __________ Stocks/Bonds ______ Other Real Property ______ other Personal property ____ Bring papers, ie., deeds, titles, certificates, tax returns to hearing. (explain details on the back of this sheet) ________________________________________ Judgment Debtor WITNESS my hand and official seal, this _______________ day of _________________________________ A.D., 19__. ________________________________ Notary Public State of Florida My Commission expires _________________________ FORM 7.343 IN THE COUNTY COURT OF THE _________ JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR __________ COUNTY, FLORIDA — CIVIL DIVISION Plaintiff, CASE NO: vs. DIVISION: Defendant ____________________________________ IN THE NAME OF THE STATE OF FLORIDA: TO: YOU ARE HEREBY COMMANDED TO APPEAR before this Court on the _________ day of _____________________, 19__, at ______.M., in Courtroom ______ at the ___________________ County Courthouse, Address: ______________________ ___________________________________________, __________, Florida, to show cause, if any, why you should not be adjudged in contempt of Court for your failure to appear in Court on the ____________ day of ________________, 19__, at ________.M., as required by the Court's Order issued on the ______________ day of ___________________ 19__, for a hearing in Aid of Execution. DONE AND ORDERED in Chambers, at ______________________, County, Florida, this _____ day of ____________ 19__. __________________________________ COUNTY COURT JUDGE FORM 7.344
BARKETT, Justice, dissenting.
I would approve the recommendations of The Florida Bar Board of Governors to increase the jurisdiction of the county court to $5,000 and to articulate a requirement that county judges personally preside over the pretrial conference. Although I enthusiastically approve and endorse the use of mediators as part of a pretrial proceeding, I cannot agree that the practice of uniform and complete substitution of a mediator for a judge for all pretrial conferences is appropriate.