Legal Question in Real Estate Law in Florida

I live in Florida. I received a Notice of �Order Referral To Magistrate And Scheduling Case Management Conference� from the Court. I have some questions that I would really appreciate answers on:

1) I need to find out for sure if I have an additional five days added to the 10 days as stated in the Notice regarding my Objection to my case being referred to a Magistrate instead of a Judge.

This Notice was sent to me by mail (not certified or anything). There is a FL. statute I believe that gives me the 5 additional days if served by mail.

I hope this is true because I just came home (been gone) and didn�t see it until day 8. AND today is day 10! And I have no attorney to check on this.

2) Also, I would think that staying with the court Judge would help to delay my Foreclosure case, correct?

3) Can the Judge order my case set for Trial or Summary Judgment at this Case Management Conference?

4) I read somewhere in a different county, that these Case Management Conferences will be held every 30 days until the final hearing. But I don't know if that applies in my county, which is Saint Lucie county.

PLEASE, can an attorney(s) answer this for me? I would be extremely grateful!


Asked on 9/04/14, 12:14 pm

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Your situation is complex and you really should consult with an attorney in person and seriously consider hiring an attorney, especially if your goal is to stay in your home. Under the law that went into effect last year, a case management conference and Order to Show Cause can be held after the case has been filed. Case management conferences are common in many civil cases, but you have not indicated what stage your foreclosure is in. Was an Answer and/or Affirmative Defenses filed? Has there been any discovery? etc.

As for responding within the 10 days I suggest you file whatever you were going to file immediately and let the court or the attorney on the other side bring up the issue of it not being filed timely. If you are not represented by counsel you MIGHT get a little latitude.

I still suggest you consult with an attorney to represent you.

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Answered on 9/04/14, 1:14 pm


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