Florida/Georgia Personal Injury & Workers Compensation

...nd 19 A.L.R.3d 648 entitled "Entering judgment or decree of divorce nunc pro tunc". Note Section 46.021, F.S. [4] Ellis v. State (1930) 100 Fla. 27, 129 So. 106, 69 A.L.R. 783 cited in 19 Fla.Jur., page 23, Judgments and Decrees, Sec. 1, note 5. [5] Section 28.29, F.S....

...State, 168 So.2d 201 (Fla.2d DCA 1964). The order appealed from in this case is an interlocutory order denying the appellants' motion to set aside a default judgment. This order was not required to be recorded by the clerk except on written direction of the court. See: Section 28.29, Florida Statutes (1975); Wade v....

...relating to interlocutory appeals, and that Appellant has failed to comply with the provisions of the rule. By their brief, Appellees argue: (1) the judicial labor has not been completed, and (2) since the order appealed has not been recorded according to Section 28.29(1), Florida Statutes, F.S.A., it has not been rendered....

...ection 55.10 by Chapter 71-56, Laws of Florida, effective January 1, 1972. Such amendment requires recordation of "a certified copy ... in the official records or judgment lien record of the county... ." This is further borne out by the amendment of Section 28.29 by Chapter 72-320, Laws of Florida, effective April 1, 1972, to provide: "The certified copy of a judgment required under § 55.10 to become a lien on real property, shall be recorded only when presented for recording with the statutory...

at the same time that s. 28.212 was adopted. Section 28.29 provides that Orders of dismissal and final

...J., and ROBERTS, ADKINS, BOYD, ENGLAND and HATCH-ETT, JJ., concur. . The Florida Rules of Criminal Procedure specify that the verdict (see Fla.R.Cr.P. 3.440, 3.570) and judgments of guilty or not guilty (see Fla.R.Cr.P. 3.670, 3.830, and 3.840) must be recorded in criminal cases. In addition, § 28.29, Fla.Stat....

e.g., ss 28.223, 921.241, and 921.242, F.S. Section 28.29 requires the clerk to record in the Official

...d the summons and copy of the complaint. It is also, contended that failure of the clerk of the Civil Court of Record to enter tíie default in the proper docket relievés it from the effect of the sixty day limitation, but this contention overlooks Section 28.29, Florida Statutes, F.S.A....

were recorded on February 16, 1967. See Fla.Stat. § 28.29(1) (1965), F.S.A. On March 14, 1967, Larybar and

...The final judgment appealed was entered January 7, 1974 and a timely motion for new trial was denied by order dated February 27, 1974 and filed on that date. Appellees contend that the order denying the motion for new trial was not required to be recorded by Florida Statute § 28.29, F.S.A., and that therefore the said order was “rendered” as contemplated by the Florida Appellate Rules, and the Rules of Civil Procedure, on the date that it was filed in the office of the Clerk of the Circuit Court on February 27, 1974....

...f Escam-bia County, Florida on Mar. 1, 8:32 AM ’74 in Book & Page Noted Above * . * * The Clerk’s certificate however attached to said motion recites that it was “filed for record in my office on February 27, 1974 * * *.” Florida Statute § 28.29, F.S.A., provides that orders of dismissal and final judgments in civil actions shall be recorded and that “other orders shall be recorded only on written direction of the court.” It is apparent that the order denying the motion for new trial was in fact recorded....

...ed. If the order denying new trial was not properly to be recorded, and if it was filed on February 27,' 1974, then the thirtieth day fell on Friday, March 29 and therefore the filing on the following’ Monday, April 1 was untimely. Florida Statute § 28.29, F.S.A., requires that final judgments in civil actions be recorded....

or orders made by a justice so disqualified. Section 28-29,p. 337, McClellan’s Digest. Judge Jones is not

rendered until the petition is disposed of. Section 28.29(1), Fla.Stat., F.S.A., provides : “No written

perform the duties of that office. For example, section 28.29, Florida Statutes, provides that: "Orders of

...ied copies of all judgments as liens. Section 55.10 was amended to require recordation of “a certified copy ... in the official records or judgment lien record of the county . . . .” Chapter 71-56, Laws of Florida, effective January 1, 1972. And Section 28.29 was amended effective April 25, 1972, to provide: “The certified copy of a judgment required under s....

...tly in Official Records and to discontinue any residual practice of setting them out at length in a minute book, indexing them in a judgment and execution docket, and recording certified copies of minute book entries in a judgment lien record. While Section 28.29, Florida Statutes (1969), 6 directed recordation of final judgments in the court min *774 utes, it also provided that judgments not recorded “shall be equally valid.” Thus statutes in effect in 1970 pertaining to minute books did no...

...eclose liening by direct recordation of written judgments in Official Records. Effective January 1, 1972, when the Official Records system became mandatory, all statutory references in Chapter 28 to minute books, including both Sections 28.21(1) and 28.29(1), were repealed....

...Section 28.212, Florida Statutes (1973). 8 Ironically, the 1972 amendments apparently confirmed Dade Federal’s requirement for recording certified copies but removed an essential ground of Dade Federal’s reasoning: although Sections 55.-10 and 28.29 were then amended to require that a “certified copy” of a judgment be recorded for lien purposes, even in the county where rendered, Section 28.211 then made clear that minute books were not for the recordation of judgments....

...y this decision is confined in potential effect to federal judgments rendered between 1967 and 1972. Although this court’s contemporaneous decision in Smith v. Venus Condominium Ass’n, Inc., affects present day recording practices under Sections 28.29 and 55.10, Florida Statutes (1975), our decision in this case does not. Therefore, even if our Supreme Court should determine that the companion decision should not have discounted the 1972 amendments to Sections 28.29 and 55.10, this decision hopefully will survive to indicate legislative restoration of the statutes on which it is based....

...To facilitate Supreme Court review of our decision, we certify that it passes on a question of great public interest. AFFIRMED. MILLS, Acting C. J., and ERVIN, J., concur. . Chapters 71-56, effective January 1, 1972, and 72-320, Laws of Florida, respectively Section 55.10, Florida Statutes (1971) and Section 28.29, Florida Statutes (1973), quoted text infra....

...with the original pronouncement of the judgment or the entry thereof. That is taken care of by F.S. § 28.21, F.S.A., which requires the Circuit Clerk to keep, among other official records and dockets, ‘(1) minute books [and] (4) a judgment and execution docket . . . . Section 28.29(1): “No written order, judgment or decree, except an order of dismissal, a final judgment or a final decree, in any action at law or sued in equity . . , shall be recorded in the minutes of the court or the chancery order book, unless the court . shall order its recordation. Every order of dis *774 missal, final judgment and final decree shall be recorded.” Section 28.29(2): “Orders, judgments and decrees not recorded pursuant to the provisions of this section shall be equally valid as if recorded.” ....

...t in the clerk’s minutes is necessary to give “verity”, to the judgment and that recordation in the Official Records is only to satisfy the liening statute. Section 55.10. Accounting for the ' recent repeal of Section 28.21(1) and amendment of Section 28.29, the only statutory references to minute books, the Attorney General differentiated between “county” records and “court” records, which necessarily must in-elude minutes, and advised a clerk to keep minutes in the progress docke...

...4th DCA 1991), the Court held that an order awarding attorney’s fees did not create a judgment lien, because the order was a non-reeordable instrument. However, in its one paragraph opinion, the Court did not explain why it was a nonrecordable instrument, merely citing Fla.Stat. §§ 55.10 and 28.29 1 ....

...ralize the debt. Accordingly, the Plaintiffs Motion for Summary Judgment will be granted, and the Defendants’ Motion for Summary Judgment will be denied. A separate final judgment will be entered in accordance with the foregoing. . Florida Statute § 28.29 provides in pertinent part: "Orders of dismissal and final judgments of the courts in civil actions shall be recorded in official records...."

...ed. 1 The orders appealed are not required to be recorded by any provision of the Rules of Criminal Procedure and none of the files contains a written order of the circuit court requiring the orders to be recorded; thus, recording is not required by § 28.29, Fla.Stat....

...The Florida Rules of Criminal Procedure specify that tire following be recorded in criminal cases: (A) The Verdict. Rule 3.440, CrPR; see also Rule 3.570, CrPR. (B) Judgments of guilty or not guilty. Rule 3.670, CrPR; see also Rules 3.830 and 3.840, CrPR, In addition, § 28.29, Fla.Stat., in delineating the duties of the Clerk of the Circuit Court, provides that: Orders of dismissal and final judgment of the courts in civil actions shall be recorded in official records....