IN RE RULE 1.080, SERV. OF PLEADINGS, ETC

Full title: IN RE RULE 1.080, SERVICE OF PLEADINGS AND PAPERS, FLORIDA RULES OF CIVIL…

Court: Supreme Court of Florida

Date published: Dec 13, 1979

377 So. 2d 971 (Fla. 1979)

Opinion

No. 49249-C.

December 13, 1979.

Original Jurisdiction — Florida Rules of Civil Procedure.

Suggestion filed by Henry P. Trawick, Jr. of Trawick Griffis, Sarasota.

PER CURIAM.

In our opinion rendered November 1, 1979, Fla., 376 So.2d 844, in which we initially adopted this rule, we afforded all interested parties an opportunity to present suggestions or objections to the Court no later than December 1, 1979. We have modified the rule in accordance with the suggestion received by the Court. The rule, as modified and appended to this opinion, shall take effect at 12:01 a.m., January 1, 1980.

It is so ordered.

ADKINS, OVERTON, ALDERMAN and McDONALD, JJ., concur.

BOYD, J., concurs in part and dissents in part with an opinion.

SUNDBERG, J., dissents for the reason that he does not believe this to be an emergency matter requiring amendment of the rule before expiration of the four year cycle in July, 1980.

ENGLAND, C.J., dissents and concurs with SUNDBERG, J.

PER CURIAM.

a cause an action may require the party to furnish the court with stamped, addressed envelopes for service of the order or judgment,

APPENDIX RULE 1.080 SERVICE OF PLEADINGS AND PAPERS . . . . . (h) Service of Orders. (1) A copy of all orders or judgments shall be transmitted by the court or under its direction to all parties at the time of entry of the order or judgment. No service need be made on parties against whom a default has been entered except orders setting for trial as prescribed in Rule 1.440(c) and final judgments that shall be prepared and served as provided in subdivision (h)(2). The court may require that orders or judgments be prepared by a party, and may require that proposed orders and judgments be furnished to all parties before entry by the court of the order or judgment. . . . . .

BOYD, Justice, concurring in part and dissenting in part.

That portion of the rule requiring courts to mail copies of orders and judgments to parties should be adopted. The portion permitting some judges to require lawyers or parties to leave addressed, stamped envelopes for mailing such copies should be rejected.

One reason for the adoption of article V of the Florida Constitution was to promote uniformity in the court system and another was to eliminate unnecessary expenditure of time and money. Confusion is caused and time is wasted by requirements by some judges that such envelopes be provided while other judges in the same system, or even in the same building, have no such requirement.

The rule is silent as to what will be the results when parties or their attorneys do not know, or forget, to leave such envelopes.

In this computerized space age such mailing expense should be part of regular court costs.