In re Amendments to the Florida Rules of Civil Procedure—Form 1.996

Summary

The Florida Supreme Court adopts further amendments to Florida Rule of Civil Procedure Form 1.996(a), the Final Judgment of Foreclosure. The amendments address flat-rate attorney-fee provisions and remove language concerning automatic issuance of a writ of possession to conform the form to the Protecting Tenants at Foreclosure Act of 2009.

Holdings

1. The Supreme Court of Florida adopted the two further amendments to Form 1.996(a) as set forth in the appendix.
2. The amendments to Form 1.996(a) became effective immediately upon release of the opinion.
3. Form 1.996(a) was amended to accommodate flat-rate attorney-fee provisions and to delete the sentence authorizing the clerk, without further court order, to issue a writ of possession upon request of the person named on the certificate of title.

Questions Presented

1. Whether the Supreme Court of Florida should adopt further amendments to Florida Rules of Civil Procedure Form 1.996(a), the Final Judgment of Foreclosure, after considering public comments.
2. Whether the amended form should accommodate flat-rate attorney-fee agreements in mortgage-foreclosure cases.
3. Whether the form should delete language authorizing the clerk to issue a writ of possession without further court order to avoid conflict with the Protecting Tenants at Foreclosure Act of 2009.

Disposition

approved