In re Amendments to the Florida Rules of Civil Procedure

20 So. 3d 379 (Fla. 2009) · Supreme Court of Florida · October 1, 2009 · No. SC09-1358

Summary

The Supreme Court of Florida approved amendments to Florida Rule of Civil Procedure Form 1.918, governing notices of lis pendens, in response to amendments to section 48.23(1)(c), Florida Statutes. The amendments became effective immediately, with the court allowing interested persons sixty days to submit comments.

Holdings

  1. The court adopted amendments to Florida Rule of Civil Procedure Form 1.918 requiring the notice of lis pendens to include the information specified by the amended statute, including the names of the parties, the court, the property and relief involved, and one of the action's institution date, the clerk's electronic receipt date, or the case number.
  2. The amendments to Form 1.918 became effective immediately upon release of the opinion, while the committee note accompanying the form was adopted only as an explanation and not as an official part of the rules.

Questions Presented

  1. Whether Florida Rule of Civil Procedure Form 1.918 should be amended to conform to recent legislative changes governing notices of lis pendens.
  2. Whether the proposed amendments should take effect immediately despite not having been published for prior public comment.

Disposition

other

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