Florida/Georgia Personal Injury & Workers Compensation

disclose policy limits. 14 Couch on Insurance 2d § 51:11, at 398 (Rev. ed. 1982). The refusal to inform

...s a letter from Pro-Art's former counsel and a letter from the managing member of V-Strategic. Cf. Fla. R. Civ. P. 1.130(a)-(b); §§ 689.01, 692.01, 692.02, Fla. Stat. (2006). V-Strategic attempted to proceed under the summary procedure provided in section 51.011, Florida Statutes (2006). On April 4, 2006, V-Strategic caused Pro-Art to be served with a five-day eviction summons, which also expressly stated that V-Strategic sought " ejectment. " (Emphasis supplied.) If section 51.011 applied to ejectment actions ( which it does not ), Pro-Art would have had until April 11, 2006, [6] to file an answer containing "all [of its] defenses of law or fact." See § 51.011(1), Fla....

...lacked subject-matter jurisdiction because section 26.012(2)(f), Florida Statutes (2006), vests circuit courts, not county courts, with exclusive original jurisdiction to entertain ejectment actions and (2) the mode of procedure was improper because section 51.011's summary procedure does not apply to ejectment actions under chapter 66, Florida Statutes (2006). On April 28, 2006, the county court conducted a hearing on Pro-Art's motion to dismiss. During the hearing, counsel for V-Strategic orally moved for default based on Pro-Art's alleged failure to comply with the five-day response period of section 51.011(1)....

...s it ejectment, [the case] really more is in the nature of ... a tenant at sufferance[.]" (Emphasis supplied.) Having lost the battle with regard to the county court's lack of subject-matter jurisdiction, Pro-Art next asserted that the plain text of section 51.011 provides that the "[r]ules of [civil] procedure apply to this section except when this section or the statute or rule prescribing this section provides a different procedure " and that section 51.011 does not provide a procedure with regard to the effect of an answer filed outside of the five-day response period but filed before the entry of default. § 51.011, Fla....

...a party has filed a responsive pleading prior to the entry of default. " TLC Trust v. Sender, 757 So.2d 570, 571 (Fla. 4th DCA 2000) (emphasis supplied) (quoting Fla. R. Civ. P. 1.500(c)). V-Strategic countered that incorporating rule 1.500(c) into section 51.011 proceedings would undermine the purpose and utility of the summary-eviction process, which enables the prompt resolution of eviction disputes under abbreviated procedures....

...Florida Statutes (2006), rather than ejectment under chapter 66 (despite the fact that the summons and complaint explicitly sought ejectment and never referred to section 83.21); (2) section 83.21 permits resort to the summary procedure provided in section 51.011; and (3) sections 83.21 and 34.011, Florida Statutes (2006), vest county courts with subject-matter jurisdiction to entertain tenant-removal actions. Pro-Art then filed a petition for writ of certiorari in the Fourth District Court of Appeal, which denied the petition and held that "under the summary procedure of section 51.011 ... the county court properly entered a default against the tenant after disposing of the tenant's defensive motion." Pro-Art, 959 So.2d at 754. The district court further held: By its plain language, section 51.011(1) requires defendants to file all defenses of law or fact in an answer within five days of being served.......

...cker applies this rule in a Chapter 51 case. Such an application of rule 1.500(c) would allow, as a matter of routine, the filing of answers after five days of service of process. The practice Crocker condones contravenes the mandatory time limit of section 51.011(1)....

...ion to entertain an ejectment action. These issues have been consistently overlooked by the appellate courts based on the county court's entry of a default against Pro-Art, which the circuit court and the Fourth District approved based upon sections 51.011 and 83.21, Florida Statutes (2006). Our review of this certified conflict thus centers upon two principal issues: (1) the appropriate outcome when a party seeks to proceed under the summary procedure of section 51.011, but pleads a cause of action that is not subject to prosecution under that section (e.g., ejectment); and (2) the proper relationship between chapter 51 summary proceedings and Florida Rule of Civil Procedure 1.500(c)....

...la. Stat. (2006) (vesting county courts with concurrent jurisdiction in tenant-removal actions and exclusive original jurisdiction in unlawful-detainer actions if within the county-court amount-in-controversy limit). Second, the summary procedure of section 51.011 applies during an unlawful-detainer or tenant-removal action but does not apply during an ejectment action. Compare § 82.04(1), Fla. Stat. (2006) (stating that section 51.011 applies to unlawful-detainer actions), and § 83.21, Fla. Stat. (2006) (stating that section 51.011 applies to tenant-removal actions), with ch. 66, Fla. Stat. (2006) (never mentioning section 51.011 explicitly or otherwise)....

...single cause of action, see § 66.021(3), Fla. Stat. (2006)), and it certainly exercised that option by including all of those items in its complaint. However, V-Strategic simply sought that relief in the wrong court, applied an incorrect procedure (section 51.011, Florida Statutes (2006)), and failed to comply with the mandatory requirements for ejectment provided in sections 66.021 and 66.031, Florida Statutes (2006). Section 51.011 states that "[t]he procedure in this section applies only to those actions specified by statute or rule. " (Emphasis supplied.) However, neither section 51.011, chapter 66, nor the Rules of Civil Procedure state that section 51.011 applies to ejectment actions; therefore, the standard Rules of Civil Procedure apply in such actions. See § 51.011, Fla....

...o procedural due process and its right to seek meaningful relief in the courts of this State. See art. I, §§ 9, 21, Fla. Const. Due to this improper, sua sponte amendment, Pro-Art faced a procedural mechanism which is foreign to ejectment actions (section 51.011, Florida Statutes (2006)) and, as a result, suffered an unwarranted default judgment when it was ready to defend against this action as pled in V-Strategic's ejectment complaint....

...o granting Pro-Art the corresponding opportunity to submit a responsive pleading and defend on the merits. B. Chapter 51 and the Rules of Civil Procedure Despite our holding that the county court lacked ejectment subject-matter jurisdiction and that section 51.011 does not apply during ejectment actions, Pro-Art and Crocker, as written, still stand in conflict....

...ion specifically states otherwise. The procedures provided in chapter 51 and the Florida Commercial Landlord-Tenant Act (i.e., part I of chapter 83, Florida Statutes (2006)) are limited in their nature and scope. Therefore, it is not surprising that section 51.011 — the only section in chapter 51 — expressly states that the "[r]ules of [civil] procedure apply to this section except when this section or the statute or rule prescribing this section provides a different procedure. " (Emphasis supplied.) Hence, chapter 51 itself explicitly provides that the Rules of Civil Procedure apply unless section 51.011 or the statute creating the cause of action supply a contrary mode of procedure. See § 51.011, Fla....

...e time within which a party must file a motion for a new trial (five days post-verdict or post-judgment); and (5) establishes the time in which a party may appeal the verdict or judgment entered in the trial court (within thirty days therefrom). See § 51.011(1)-(5), Fla. Stat. (2006). Given this limited set of procedures, the Legislature provided that the Rules of Civil Procedure generally apply to chapter 51 proceedings. See § 51.011, Fla....

...V-Strategic Group, LLC, 959 So.2d 753, 755-57 (Fla. 4th DCA 2007) (holding that rule 1.500(c) does not apply to such proceedings). In Crocker, the defendant asserted a counterclaim (a chapter 82 unlawful-entry action), which was subject to the summary procedure of section 51.011. See 593 So.2d at 1097. Eighteen days following service of the counterclaim, the defendant moved for default based on the failure of the plaintiff to answer the counterclaim within the five-day period prescribed in section 51.011(1). See id. A little over a month later, the plaintiff filed a motion to dismiss the counterclaim. See id. At a hearing on the motion for default, the defendant argued that section 51.011 required that the trial court enter judgment in its favor on the counterclaim because that section "required an answer within five days and no other responsive pleadings were permitted, [thus] [the plaintiff's] motion to dismiss was a nullity." See id. In response, the plaintiff argued that section 51.011 does not prevent defensive-motion practice. The plaintiff further argued that because section 51.011 did not explicitly preclude motion practice, Florida Rule of Civil Procedure 1.140 supplied the missing procedural practices. See id. The Fifth District first held that while section 51.011 explicitly contemplates some form of motion practice, the tolling provision of rule 1.140(a) would "emasculate" the summary procedure of chapter 51....

...to defend at the expedited trial. Id. (emphasis supplied). Thus, leave to amend remained in the discretion of the trial court and the defendant was not entitled to an automatic default. In contrast, in Pro-Art, the Fourth District held that sections 51.011 and 83.21, Florida Statutes (2006), eliminate all forms of motion practice and mandate the entry of an instantaneous default — without opportunity to be heard — if a defendant does not serve a responsive pleading within five days of having received the plaintiff's complaint: By its plain language, section 51.011(1) requires defendants to file all defenses of law or fact in an answer within five days of being served....

...Accordingly, after denying the *1256 tenant's motion to dismiss, the trial court properly accepted the allegations in the landlord's complaint as true[ [10] ] and appropriately entered a final judgment for possession in favor of the landlord. 959 So.2d at 756 (emphasis supplied). Section 51.011(1) provides as follows (as supplemented by our bracketed notations): Pleadings....

...See 593 So.2d at 1100 ("Most likely, the defensive motions contemplated by the statute are those that raise procedural issues, such as a motion to quash, the example given in the statute."). At best, it is not clear that the Legislature intended to abrogate all motion practice in enacting section 51.011, given that motions are not "pleadings" [11] and that the statute itself (1) does not explicitly provide a competing procedure, (2) states that the Rules of Civil Procedure "apply to this section except when this section or the statute...

...imply an illustrative application of the general principle. " (emphasis supplied)); see also Black's Law Dictionary 777-78 (8th ed.2004) (defining the generally illustrative participle "including"). These other motions are apparently permitted under section 51.011. It is doubtful that the Legislature would have incorporated the term "including," if the language "motions to quash" was intended to be an exhaustive description of the motion practice permitted under section 51.011....

...otions to dismiss for failure to join an indispensable party, and motions to dismiss for lack of subject-matter jurisdiction in a single package either as a pretrial motion or in a responsive pleading. See Fla. R. Civ. P. 1.140(h). The plain text of section 51.011 does not provide for instantaneous defaults in the event a party has filed a defensive motion and thereafter an untimely responsive pleading....

...The Legislature merely borrowed similar language from a portion of rule 1.140(a)(1) and substituted "5 days" for "20 days." Compare Fla. R. Civ. P. 1.140(a)(1) ("[a] defendant shall serve an answer within 20 days after service of original process and the initial pleading on the defendant" (emphasis supplied)), with § 51.011(1) (a defendant's answer " shall be filed within 5 days after service of process" (emphasis supplied)). Section 51.011 must be read in conjunction with the Rules of Civil Procedure and the statute creating the cause of action. See § 51.011, Fla. Stat. (2006). While the Legislature did not provide for instantaneous defaults in enacting section 51.011, it did provide for a solitary instance of instantaneous default under the Commercial Landlord-Tenant Act....

...Had the Legislature intended for a commercial tenant who is current on his or her rental obligation, and who has belatedly filed a responsive pleading or defensive motion, to suffer an instantaneous default, it would have explicitly provided for such a severe sanction. Section 51.011 simply does not contain any language providing for instantaneous defaults. Any alteration thereof should not be by judicial decision. Neither section 51.011, part I of chapter 83, nor the Rules of Civil Procedure explicitly state that rule 1.500(c) does not apply to section 83.21 tenant-removal actions; therefore, this rule should apply in this context. See § 51.011, Fla....

...The right to plead before entry of a default is the same as at common law."). Applying this rule here leads to the conclusion that a default is improper when a party has filed a responsive pleading or otherwise defended before the entry of default. See § 51.011, Fla....

...For example, even assuming that V-Strategic had originally intended to plead a tenant-removal action under chapter 83, Florida Statutes, it would have been required to plead separate counts for possession and damages, and the damages count would have been subject to the general Rules of Civil Procedure in their entirety, not section 51.011....

...Apparently realizing this fact, V-Strategic dropped its demand for damages. The record does not indicate that V-Strategic provided any advance notice of its intent to abandon its damages claim. [6] Intervening Saturdays, Sundays, and legal holidays do not count toward the five-day limit under section 51.011. See Berry v. Clement, 346 So.2d 105, 106 (Fla. 2d DCA 1977) (holding that section 51.011 does not provide a time-computation procedure; therefore, Florida Rule of Civil Procedure 1.090(a) applies, which states that "[w]hen the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation....

...Sun Harbor Homeowners' Association, Inc., 730 So.2d 1261, 1263 (Fla. 1998), this Court relied upon rule 1.100(a) in holding that while "[c]omplaints, answers, and counterclaims are pleadings," a "motion to dismiss is not." (Emphasis supplied.) Thus, section 51.011's provision that "[n]o other pleadings are permitted," which is nearly the same language as that present in rule 1.100(a) ("No other pleadings shall be allowed"), does not address the motion-practice issue....

...facts to justify the granting of relief in accordance with the spirit and intent of Rule 1.540(b), F.R.C.P., 31 F.S.A. The record reflects that the cause below was conducted under the summary procedure provisions, as set forth in Sections 83.21 and 51.011, Florida Statutes, F.S.A....

...North Shore Hospital, Inc. v. Barber, supra [Fla. 143 So.2d 849]; Coggin v. Barfield, 1942, 150 Fla. 551, 8 So.2d 9; Stevens-Davis Co. v. Stock, 1940, 141 Fla. 714, 193 So. 745." We recognize that we are dealing with a summary procedure as prescribed by Section 51.011, supra; but we equally recognize that we are dealing with the rights of parties to the use, enjoyment and possession of property which ought not to be summarily determined without a trial on the merits....

...REED, C.J., and OWEN, J., concur. NOTES [1] Since all defenses of law and fact are required to be contained in defendant's answer, defendant's motions filed subsequent to his answer and not otherwise ruled upon by the trial court can be disposed of in accordance with F.S. section 51.011, F.S.A., and Rule 1.140, FRCP....

5 of the Voting Rights Act of 1965, 28 C.F.R. § 51.11 (1986) (emphasis added) (quoted with approval in

...d to self-help to remove the machines in violation of Section 83.21, Florida Statutes (1983). The deposition of Egbert E. Gorra, accepted into evidence by the trial court, shows that the purchasers failed to utilize the summary procedure provided in Section 51.011, Florida Statutes (1983) to evict a tenant....

as a matter of law. The Volusia County Code, section 51-11(A)(4), provides six criteria upon which evidence

...Process was served upon appellants on Thursday, August 5, 1976. Appellants filed and served their answer, affirmative defenses and counterclaim on the following Wednesday, August 11, 1976. Six days had elapsed including the intermediate Saturday and Sunday. Section 51.011, Florida Statutes (1975), which governs summary procedure, requires service of the defendant's answer within 5 days after service of process....

...The Florida Rules of Civil Procedure apply to special statutory proceedings, although the form, content, procedure and time for pleading prescribed in the statutes governing such proceedings are controlling unless the rules specifically provide to the contrary. Fla.R.Civ.P. 1.010. Since Section 51.011, Florida Statutes (1975) does not prescribe the method of computing the fiveday time period allowed for the filing of defensive pleadings, Fla.R.Civ.P....

...tenants to raise any cognizable defense, notwithstanding the fact of nonpayment, to a landlord's possessory action. We find support in this conclusion by the adoption in 1967 of the summary procedure mechanism (Chapter 67-254, § 7, Laws of Florida, Section 51.011, Florida Statutes), its explicit application to part I of chapter 83 (Section 83.21, Florida Statutes), and other pertinent changes to part I, as well as judicial opinions decided during the past sixteen years construing the statutory amendments....

...800, 803-04 (1968) (e.s.) (footnote omitted). In the case at bar the sublessor complied with section 83.05(2)(a) by filing a counterclaim for possession of the leased premises. As such it utilized the summary procedure available to it by chapter 83 and Section 51.011, Florida Statutes. In that section 83.21 requires the landlord to file a complaint for possession of the premises under the circumstances stated, and entitles him to the summary procedure authorized by Section 51.011, Florida Statutes, it necessarily follows that a defendant nonresidential tenant to such action has the concomitant right to assert defenses to such action. Among other things, section 51.011(1) permits the tenant to raise " all defenses of law or fact" in his answer or counterclaim....

...t of rent to a landlord's action for recovery of the premises, we find support in our conclusion by reliance upon decisions from two district courts. In 1970, the Fourth District Court of Appeal decided, reasoning from the summary procedure statute (section 51.011) which had been enacted in 1967, that a tenant was authorized to raise in a possessory action " any defense or counterclaim within the jurisdiction of the court." Avvenire College for Women, Inc....

...and 83. We are not asked to decide whether a landlord seeking possession of leased premises on the theory that the lease had been forfeited to the landlord by the actions of the tenant is now required to comply with the summary procedure provided by Section 51.011, Florida Statutes....

...se by failing to pay $481.49 of the $3629.46 rent payment made in November 2005. DND sought to quash service of process, arguing that service by mail was improper. Andgen moved for a default based on the failure of DND to timely file an answer under section 51.011(1), Florida Statutes....

...n answer. See Fla. R. Civ. P. 1.140(a)(3). See also Pro-Art Dental Lab, Inc. v. V-Strategic Group, LLC, 986 So.2d 1244, 1258 (Fla.2008) (holding that rules of civil procedure apply to summary eviction proceedings under chapter 51: "The plain text of section 51.011 does not provide for instantaneous defaults in the event a party has filed a defensive motion and thereafter an untimely responsive pleading")....

contributed to the injury sustained. Ga.Code. Ann. § 51-11-7; see Whelan, 531 S.E.2d at 730; Underwood v.

...We reject Camena Investments' argument that the county court judgment for eviction constitutes res judicata and bars Cross' counterclaim for damages. Section 83.21, Florida Statutes (1995), provides for actions for the removal of tenants by summary procedure as provided in section 51.011, Florida Statutes (1995)....

...584, 46 L.Ed.2d 542, 549, 551 (1976). This case was commenced in state court under the Florida summary procedure statute that requires a defendant to file an answer within five days after service of process of the plaintiff's complaint. Fla. Stat. § 51.011(1)....

...remove this case to federal court and are estopped from removal by their decision to invoke state court jurisdiction over their claim. Consequently, this *881 case was improvidently removed to this Court and it must be remanded. NOTES [1] Fla.Stat. § 51.011(1) provides: The procedure in this section applies only to those actions specified by statute or rule....

...t in the circuit court set forth as equitable defenses and grounds for the injunction only those facts which could be pleaded as defenses in the county court action. The landlord brought the action in the county court to evict the tenant pursuant to Section 51.011, Florida Statutes (1975)....

...provides that: "If any person enters or has entered in a peaceable manner into any lands or tenements when the entry is lawful and after the expiration of his right continues to hold them against the consent of the party entitled to possession, the party so entitled to possession is entitled to the summary procedure under section 51.011, Florida Statutes, at any time within three (3) years after the possession has been withheld from him against his consent." The summary procedure of Fla. Stat. § 51.011(1), F.S.A....

...e was contained in the record. The courts of Florida will not take judicial notice of municipal ordinances. Town of Medley v. Caplan, Fla.App. 1966, 191 So.2d 449. Wilkins thus failed to raise a defense in his answer as was required under Fla. Stat. § 51.011(1), F.S.A....

...es in Florida judicial proceedings, for such are within the exclusive bailiwick of the Florida Supreme Court. See Art. V, § 2(a), Fla. Const. Pursuant to Florida Rule of Civil Procedure 1.010, statutory summary proceedings generally are governed by section 51.011, Florida Statutes (1997)....

...See Hayden v. Beese, 596 So.2d 1207 (Fla. 4th DCA 1992). That statute expressly contemplates that the defendant is to be *566 served with process, and it makes no allowance for a method of service other than as prescribed for proceedings generally. See § 51.011(1), Fla....

...Plaintiff landlord, Henry Ruzakowski, filed a complaint for removal of tenant and other relief in county court. Defendant, Ronald Gould, filed a motion to transfer the cause to circuit court which was granted. Thereafter plaintiff moved, pursuant to RCP 1.500(b), Florida Statutes Chapter 83 and § 51.011, Fla....

...[1] We must reject this argument. The matter of acquiring jurisdiction over the person in a judicial proceeding is a proper subject for legislative action. Pursuant to the provisions of § 83.59(2), F.S. 1973, the plaintiff landlord utilized the summary procedure provided in § 51.011, F.S....

...roceedings shall be as prescribed by the statutes providing for such proceedings unless these rules specifically provide to the contrary". § 83.59, F.S. 1973 is a special statutory proceeding which prescribes use of the summary procedure set out in § 51.011, F.S....

...dgment of the County Judge's Court, departed from the essential requirements of law. This action for removal of tenant was brought under Section 83.21, F.S.A. which provides that the landlord is entitled to use the summary procedure provided in F.S. Section 51.011, F.S.A. Sub-paragraph 3 of the latter statute provides as follows: "51.011(3) Jury....

...i.e., "served not later than five days after the action comes to issue". We do not decide exactly when, under this statutory language, the action "comes to issue", but in no event would it be earlier than Oct. 4, 1972 when the answer was filed. F.S. Section 51.011, F.S.A....

...quired. In the second place, we take judicial notice of the fact that on October 10, 1972, a jury pool was available at the Palm Beach County Courthouse to be drawn upon by the County Judge and hence a special venire within the contemplation of F.S. Section 51.011(3), F.S.A....

...y circuit court, acting in its appellate capacity, which affirmed a county court final judgment for possession, entered in favor of the respondent, V-Strategic Group, LLC (landlord). We deny the petition, finding that, under the summary procedure of section 51.011, Florida Statutes (2006), the county court properly entered a default against the tenant after disposing of the tenant's defensive motion....

...Within the five-day period, the tenant filed a motion to dismiss for lack of subject matter jurisdiction and motion to quash service of process. The motions challenged the jurisdiction of the county court and the landlord's entitlement to use the summary procedure of section 51.011, Florida Statutes (2006)....

...ty court correctly looked to the allegations of the complaint and determined that it had subject matter jurisdiction under section 83.21, Florida Statutes (2006), pertaining to the removal of a tenant by a landlord. Moreover, the circuit court found section 51.011, Florida Statutes (2006), contemplated that a defendant have only one opportunity to present all available defenses, within five days from the date of service, and thus the trial court was correct not to consider the tenant's untimely answer and affirmative defenses....

...n 34.011, Florida Statutes (2006). *756 Next, the tenant argues that the entry of default and final judgment, after it filed its answer and affirmative defenses, departed from the essential requirements of law, and that the courts' interpretation of section 51.011 to create an automatic default was unsupported by Florida law. We disagree. Section 51.011(1), Florida Statutes (2006), states: (1) PLEADINGS.—Plaintiff's initial pleading shall contain the matters required by the statute or rule prescribing this section or, if none is so required, shall state a cause of action....

...law or fact in his or her answer to the counterclaim and shall serve it within 5 days after service of the counterclaim. No other pleadings are permitted. All defensive motions, including motions to quash, shall be heard by the court prior to trial. § 51.011(1), Fla. Stat. (2006) (emphasis added). By its plain language, section 51.011(1) requires defendants to file all defenses of law or fact in an answer within five days of being served....

...If Crocker and rule 1.500(c) controlled this case, then we would be required to grant the writ; after the court disposed of its defensive motions, but before the entry of a default, Pro-Art filed an answer. Crocker allows an untimely answer, filed outside the time limits of section 51.011, to preclude the entry of a default. However, we read section 51.011 as allowing the entry of a default once the time to answer has expired and the court has disposed of timely-filed defensive motions. [1] [2] Section 51.011(1), Florida Statutes (2006), states that "all defenses of law or fact shall be contained in defendant's answer which shall be filed within 5 days after service of process." The presence of the two "shalls" in the statute means that such filing is mandatory. The mandatory time limit for filing an answer is a crucial procedural requirement of section 51.011, since it brings the case to issue within 5 days of service, so it can be set for trial....

...cker applies this rule in a Chapter 51 case. Such an application of rule 1.500(c) would allow, as a matter of routine, the filing of answers after five days of service of process. The practice Crocker condones contravenes the mandatory time limit of section 51.011(1)....

...[2] It is not uncommon that defenses raised in an eviction action — such as failure of a three-day notice or improper service — are raised within the five-day time limit in a pleading called a "motion to dismiss." Such issues must be "heard by the court prior to trial" or the entry of a default. § 51.011(1), Fla....

...Crocker requested a judgment awarding him possession of the property and damages against Diland. [2] Eighteen days after service of the counterclaim, Crocker served a Motion for Default and Request to Docket. The motion recites that the summary procedure in section 51.011, Florida Statutes (1989) is applicable to Chapter 82 and that Diland failed to file an answer, as required by section 51.011, within five days of service....

...Diland filed nothing until July 31. On that date, Diland filed a "Motion to Dismiss Amended Counterclaim" seeking to dismiss the unlawful entry count and seven other counts for failure to state a cause of action. At the July 31 hearing, Crocker argued that because section 51.011 required an answer within five days and no other responsive pleadings were permitted, Diland's motion to dismiss was a nullity and a default should be entered. Diland, on the other hand, maintained that section 51.011 does not preclude a defendant's right to file defensive motions....

...According to Diland, there is no statute or case law supporting Crocker's argument that Diland's pre-answer motion to dismiss fails to toll Diland's time to answer, much less that Diland's motion to dismiss is a legal nullity. In fact, Diland asserts, "section 51.011 implicitly confirms Diland's right to file a motion to dismiss at any time prior to trial by specifically instructing the court to hear all defensive motions prior to trial." See § 51.011(1), Fla. Stat. (1989). Diland argues that, notwithstanding section 51.011, Rule 1.140 of the Florida Rules of Civil Procedure provides for the filing of a motion to dismiss and the tolling of the deadline to file an answer when such a motion is filed. Diland contends section 51.011 cannot override the rules of procedure because procedure is within the exclusive power of the supreme court. The lower court denied the motion for default, commenting that section 51.011 predated the 1968 Florida Constitution, that the Florida Rules of Civil Procedure *1098 do provide that a motion to dismiss will toll the time for an answer, and that, in his experience, county judges usually permit motion practice in cases to which section 51.011 applies. The summary procedure described in section 51.011 is provided as a remedy for unlawful and forcible entry pursuant to section 82.03, Florida Statutes (1989). The summary procedure statute, section 51.011, Florida Statutes (1989), states in relevant part: 51.011 Summary procedure....

...ays after service of the counterclaim. No other pleadings are permitted. All defensive motions, including motions to quash, shall be heard by the court prior to trial. Crocker rejects Diland's argument that rule 1.140 has constitutional primacy over section 51.011 because of Florida Rule of Civil Procedure 1.010, which states in relevant part: The form, content, procedure and time for pleading in all special statutory proceedings shall be as prescribed by the statutes governing the proceeding unless these rules specifically provide to the contrary....

...utory procedure it disapproves, it will say so by rule. Unless it does, the special statutory procedures apply. The parties have brought to our attention several county court cases involving landlord/tenant actions in which the courts have held that section 51.011 does allow motion practice....

...o file a required annual corporate report. The landlord filed the report before the hearing and the court denied the motion to dismiss. The landlord then moved for a default because the tenant failed to file an answer within five days as required by section 51.011....

...The court noted that "[t]he question of whether a tenant must file his answer at the same time he files his motion is constantly raised but this Court has found no case which has decided the issue." Id. at 107. The county court reasoned: In landlord-eviction cases a motion tolls the time necessary to file an answer since F.S. 51.011 is silent on this point. Although Florida Statute 51.011(a) permits motion practice, it fails to explain when the motion is to be filed and whether the motion tolls the time necessary to file the answer....

...o responsive pleadings, not motion practice. Id. at 108. See also Mihaley v. White, 15 Fla. Supp.2d 57 (Fla. Sarasota Cty.Ct. 1986); Assured Realty, Inc. v. Brown, 48 Fla. Supp. 180 (Fla. Orange Cty.Ct. 1978). The County Casuals court concluded that section 51.011 does not conflict with rule 1.140 and does not preclude the motion practice described in rule 1.140....

...It is surprising that something this fundamental and critical to the effective function of the summary procedure remains so unclear. Although we greatly respect the views of the learned county judges who work with this statute almost daily, the procedural scheme set forth in section 51.011 seems straightforward....

...filed within five days. As in Gonzalez, there is nothing in rule 1.140 or elsewhere in the rules of civil procedure that specifically supersedes this critical element of the statutory summary procedure. Accordingly, the statute controls. [3] Because section 51.011(1) does not give a defendant the option to assert by motion the defense of failure to state a cause of action, the tolling that occurs upon the filing of an authorized rule 1.140 motion can never be triggered....

...In this way, the purpose of the statute, which is to expedite the legal process in such cases, is met. A case to which the summary procedure applies is necessarily at issue within five days of service and becomes eligible to be set for trial on a priority basis as described in section 51.011(2)....

...As the present case illustrates, the tolling of these deadlines to allow ordinary 1.140 motion practice largely emasculates the summary procedure. By the mere expediency of filing a motion to dismiss, Diland effectively neutralized the principal expediting feature of 51.011. Diland is correct that section 51.011 does contemplate that defensive motions may be *1100 filed in summary proceedings in addition to an answer....

...otion" is unclear. Most likely, the defensive motions contemplated by the statute are those that raise procedural issues, such as a motion to quash, the example given in the statute. We are not faced with this type of motion in the present case. [4] Section 51.011 puts the burden on the plaintiff to file a complaint that meets the statutory requirements and states a cause of action....

...If there is some other procedural irregularity that makes the plaintiff ineligible to try his statutory proceeding, such as improper service of process or lack of venue, he loses the benefit of the expedited procedure provided under the statute. All the defendant loses in a proceeding under section 51.011 is the ability to avoid filing an answer until the procedural defect asserted by motion is corrected....

...This court quashed the temporary injunction. Crocker v. Diland Corp., 585 So.2d 507 (Fla. 5th DCA 1991). [2] The supreme court has approved the form of a complaint to be used in Chapter 82 actions. Fla.R.Civ.P. 1.938. The form does not contain a reference to section 51.011, Florida Statutes (1989)....

...[3] Trawick says that under the statutory summary procedure an answer must be served within five days after service of process, and motions are not permitted. H. Trawick, Florida Practice and Procedure, § 11-2 (1989). Trawick gives no authority for this conclusion other than section 51.011(1), Florida Statutes....

Georgia’s comparative negligence statute, Ga.Code Ann. § 51-11-7 (1982).

...that the counterclaim for betterment be considered at a later date. At the outset, Baldwin reminded the court that it had filed a demand for a jury trial and objected to proceeding without a jury. Baldwin said that it would pay any costs required by section 51.011, Florida Statutes (1997), in connection with its demand for a jury trial. Corrigan argued that Baldwin was not entitled to a jury trial, because eviction is a summary proceeding under section 51.011 and "an equitable relief proceeding" and that neither section 51.011 nor Chapter 83 of the Florida Statutes provides for a jury trial in an eviction proceeding....

...3d DCA 1994) (same). Right to Jury Trial We find, however, that the court erred in denying Baldwin a jury trial. As noted above, appellee Corrigan argued below that there is no right to a jury trial in a summary eviction proceeding under sections 83.20 and 51.011, Florida Statutes. Chapter 83, which governs nonresidential tenancies, is silent as to the right to a jury trial. Section 83.21 provides that the landlord seeking removal of the tenant shall file a complaint and is entitled to the summary procedure set forth in § 51.011. Section 51.011, which allows for an expedited, summary proceeding in certain circumstances, provides in pertinent part: (3) JURY.—If a jury trial is authorized by law, any party may demand it in any pleading or by a separate paper served not later than 5 days after the action comes to issue....

...the court shall order a special venire to be summoned immediately. If a special venire be summoned, the party demanding the jury shall deposit sufficient money with the clerk to pay the jury fees which shall be taxed as costs if he or she prevails. § 51.011(3), Fla....

...[1] Corrigan also argues that Baldwin waived the right to jury trial by failing to *1206 remind the court, at the hearing on Baldwin's motion to dismiss held on May 6, 1999, that Baldwin wanted a jury trial. However, after making a demand for jury trial within 5 days after suit was brought, as required by section 51.011(3), Florida Statutes, Baldwin was not required to reassert its desire for a jury trial....

...Section 85.011(5)(a) requires the filing "in the court having jurisdiction of the amount of the lien claimed," a Complaint describing the property and which states facts authorizing or creating the lien, and then the claimant is entitled to a summary proceeding provided for under Florida Statute § 51.011....

...These rules are applicable to all actions at law of a civil nature in the county courts in which the demand or value of property involved does not exceed ■$⅞566⅜5,000 exclusive of costs, interest, and attorneys’ fees; if there is a difference between the time period prescribed by these rules and section 51.011, Florida Statutes, the statutory provision shall govern....

...suggests that it was removed to federal court and transferred to the multidistrict litigation. If so, I question whether it was appropriate to file such a "summary proceeding" in a case that had long ago been removed to federal court. NOTES [1] See § 51.011, Fla....

...Rockledge Bar-B-Q, Inc., 619 So.2d 414 (Fla. 5th DCA 1993). In fact, that case does not stand for that proposition at all. The default in that case was entered because the tenant failed to timely file an answer. Id. at 415 . While the tenant did file a motion to dismiss, section 51.011(1), Florida Statutes (a summary proceedings statute applicable to eviction proceedings), requires a tenant to file an answer within five days of being served with the complaint, regardless of whether the tenant files a motion to dismiss....

...courts fewhich thecontain a demand for money or value-ofproperty involved, the value of which does not exceed $5,000 exclusive of costs, interest, and attorneys’ fees. If there is a difference between the time period prescribed by these rules and section 51.011, Florida Statutes, the statutory provision shall govern....

...These rules are applicable to all actions at law of a civil nature in the county courts in which the demand or value of property involved does not exceed $1,500.00 $2,500.00 exclusive of costs, interest and attorneys’ fees; if there is a difference between the time period prescribed by these rules and by Section 51.011, Florida Statutes, the statutory provision shall govern....

...one judgment for both remedies. The problem arises in calculating answer times for such combined suits. A landlord solely seeking eviction of a tenant may, pursuant to section 83.59(2), Florida Statutes (1981), use the summary procedure provided in section 51.011, Florida Statutes (1981), under which defenses must be served within five days....

...were no genuine material issues of fact or that plaintiff was entitled to a judgment as a matter of law.” “Point II. The court erred in striking the counterclaim filed by defendant, since filing of a counterclaim is specifically authorized by F.S. 51.011(1), F.S....

...removal of any tenant, shall file a complaint stating the facts which authorize the removal of the tenant, and describing the premises in the proper court of the county where the premises are situated and is entitled to summary procedure provided in section 51.011, Florida Statutes.” (Emphasis added.) At the same session of legislature, F.S. Section 51.011, F.S.A., was enacted....

...These rules are applicable to all actions of a civil nature in the county courts which contain a demand for money or property, the value of which does not exceed $5,0008,000 exclusive of costs, interest, and attorneys’ fees. If there is a difference between the time period prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall govern. Committee Notes [No Change] - 15 - 

...de. The order controls the subsequent course of the action unless modified to prevent injustice. (a) Applicability; Exemptions. The requirements of this rule apply to all civil actions except: (1) actions required to proceed under section 51.011, Florida Statutes; (2) actions proceeding under section 45.075, Florida Statutes; (3) actions subject to the Florida Small Claims Rules, unless the court, under rule 7.020(c), has ordered the action to proceed...

...cedure statute: All defenses of law or fact shall be contained in defendant’s answer which shall be served within 5 days after service of process. . . . All defensive motions, including motions to quash, shall be heard by the court prior to trial. Section 51.011(1), Florida Statutes (1981)....

...Wenboy filed an eviction action seeking a judgment for possession under Count I; damages for past due rentals, sales tax and real property tax under Count II; damages pursuant to the guaranty agreement under Count III; and summary proceedings pursuant to Section 51.011....

...lease. When the eviction count came before the court, the trial court entered the following order styled “Pinal Judgment for Possession and Allowing Reinstatement”: Defendant, ROCKLEDGE BAR-B-Q, INC., filed no defenses of law or fact pursuant to Section 51.011(1), Florida Statutes, but did file a Motion to Dismiss which the court heard....

...arguments. Although *417 most of these arguments are contained in Rockledge’s answer, the answer was filed after the hearing and more than five days after service of the complaint (rendering it untimely pursuant to the summary proceeding statute, section 51.011)....

...val of any tenant, shall file a complaint stating the facts which authorize the removal of the tenant, and describing the premises in the proper court of the county where the premises are situated and is entitled to the summary procedure provided in § 51.011....

...prescribed by law or the rules of the court; and the plaintiff in the judgment for possession and money damages may also be awarded attorney’s fees and costs. If the issues are found for defendant, judgment shall be entered dismissing the action. Section 51.011, Summary procedure: The procedure in this section applies only to those actions specified by statute or rule....

pursuant to section 51.011, Florida Statutes (2024). See § 82.03(4), Fla. Stat. (2024). Section 51.011(1) requires

...- 14 - RULE 1.200. CASE MANAGEMENT; PRETRIAL PROCEDURE (a) Applicability; Exemptions. The requirements of this rule apply to all civil actions except: (1) actions required to proceed under section 51.011, Florida Statutes; (2) actions proceeding under section 45.075, Florida Statutes; (3) actions subject to the Florida Small Claims Rules, unless the court, under rule 7.020(c), has ordered the action to proceed...

...into any lands or tenements when the entry is lawful and after the expiration of his right continues to hold them against the consent of the party entitled to possession, the party so entitled to possession is entitled to the summary procedure under section 51.011, Florida Statutes, at any time within thre.e (3) years after the possession has been withheld from him against his consent....

...Effect of judgment — No judgment rendered either for plaintiff or defendant bars any action of trespass for injury to the property or ejectment between the same parties respecting the same property. No verdict is conclusive of the facts therein found in any action of trespass or ejectment. . Section 51.011(1) Pleadings— * * * If the answer incorporates a counterclaim, plaintiff shall include all defenses of law or fact in his answer to the counterclaim * * *....

PER CURIAM. Plaintiffs below appeal from a final judgment, after a nonjury trial, for the defendants in a suit for unlawful detainer. Plaintiffs sued the defendants in unlawful detainer and sought summary relief under § 51.011, Fla.Stat., F.S.A....

...Likewise, “jury fees” is an infrequently used phrase in Florida law, primarily because such fees are not used except as permitted by statute, the only one identifiable being a summary proceeding (for example, an eviction) requiring a special ve-nire. § 51.011(3), Fla....

...motions filed under rule 1.530; (11) for garnishment, attachment, or other motions for enforcement of a judgment under rule 1.570; (12) for writ of possession under rule 1.580; (13) filed in actions proceeding under section 51.011, Florida Statutes; and (14) that do not require notice to the other party under statute or rule. (d) Sanctions....

...- 14 - RULE 1.200. CASE MANAGEMENT; PRETRIAL PROCEDURE (a) Applicability; Exemptions. The requirements of this rule apply to all civil actions except: (1) actions required to proceed under section 51.011, Florida Statutes; (2) actions proceeding under section 45.075, Florida Statutes; (3) actions subject to the Florida Small Claims Rules, unless the court, under rule 7.020(c), has ordered the action to proceed...

...These rules are applicable to all actions at law of a civil nature in the County Courts in which the demand or value of property involved does not exceed $1,500 exclusive of costs, interest, and attorney’s fees; if there is a difference between the time period prescribed by these rules and by Section 51.011, Florida Statutes, the statutory provision shall govern. Note: The addition to (b) is designed to eliminate confusion caused by denomination of Section 51.011, Florida Statutes, as “Summary Procedure.” Rule 7.020....

contrary to the summary procedure set forth in section 51.011, Florida Statutes (2002). Reversed and remanded

DOWNEY, Judge. Michael and Deborah Hayden appeal from a non-final order denying their motion for a temporary injunction to prevent their landlord from evicting them under section 51.011, Florida Statutes (1989), the summary procedure statute....

...r landlord, Robert Beese. As a result of his falling over plumbing pipes which were in the front yard of the rental property, Hayden sued the landlord for damages. Count II sought an injunction to prevent the landlord from evicting the Haydens under section 51.011, Florida Statutes (1989), on grounds that the statute was unconstitutional....

...4th DCA 1992), unless such procedural rules are contrary to those promulgated by the supreme court, see Haven Federal Savings *1209 & Loan v. Kirian, 579 So.2d 730 (Fla.1991). We, therefore, hold that appellants have failed to demonstrate the constitutional infirmity of section 51.011, Florida Statutes (1989)....

negligence, he is not entitled to recover.” O.C.G.A. § 51-11-7. “Proximate cause” is the negligent act that

...Jenkins moved to transfer Euclid’s county court action to circuit court, and to consolidate the two suits, a request which was granted. The trial court subsequently severed the eviction count from the remainder of the action, thereby allowing it to proceed more expeditiously, see § 51.011, Fla....

provided” in section 51.011, Florida Statutes (2018). § 83.21, Fla. Stat. (2018). Section 51.011 provides

F.2d 860, 863 (5th Cir.1978). . See O.C.G.A. § 51-11-1 (Michie 1982) (authorization to act is a complete