Florida Statute 51.11 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 51
SUMMARY PROCEDURE

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F.S. 51.011

51.011 Summary procedure.—The procedure in this section applies only to those actions specified by statute or rule. Rules of procedure apply to this section except when this section or the statute or rule prescribing this section provides a different procedure. If there is a difference between the time period prescribed in a rule and in this section, this section governs.

(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. All defenses of law or fact shall be contained in defendant’s answer which shall be filed within 5 days after service of process. If the answer incorporates a counterclaim, plaintiff shall include all defenses of 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.

(2) DISCOVERY.—Depositions on oral examination may be taken by any party at any time. Other discovery and admissions may be had only on order of court setting the time for compliance. No discovery postpones the time for trial except for good cause shown or by stipulation of the parties.

(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. When a jury is in attendance at the close of pleading or the time of demand for jury trial, the action may be tried immediately; otherwise, 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.

(4) NEW TRIAL.—Motion for new trial shall be filed and served within 5 days after verdict, if a jury trial was had, or after entry of judgment, if trial was by the court. A reserved motion for directed verdict shall be renewed within the period for moving for a new trial.

(5) APPEAL.—Notice of appeal shall be filed and served within 30 days from the rendition of the judgment appealed from.

History.—s. 7, ch. 67-254; s. 23, ch. 73-333; s. 5, ch. 87-405; s. 292, ch. 95-147.

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Amendments to 51.011

Annotations, Discussions, Cases:

Cases Citing Statute 51.011

Total Results: 48

Powell v. Prudential Property & Cas. Ins. Co.

584 So. 2d 12, 1991 Fla. App. LEXIS 4585, 1991 WL 76250

District Court of Appeal of Florida | Filed: May 14, 1991 | Docket: 466825

Cited 42 times | Published

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

Pro-Art Dental Lab, Inc. v. V-Strategic Group, LLC

986 So. 2d 1244, 33 Fla. L. Weekly Supp. 503, 2008 Fla. LEXIS 1236, 2008 WL 2679160

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1727949

Cited 24 times | Published

proceed under the summary procedure provided in section 51.011, Florida Statutes (2006). On April 4, 2006

Crystal Lake Golf Course, Inc. v. Kalin

252 So. 2d 379

District Court of Appeal of Florida | Filed: Sep 17, 1971 | Docket: 1273433

Cited 23 times | Published

dealing with a summary procedure as prescribed by Section 51.011, supra; but we equally recognize that we are

Phillip Maloney v. City of Marietta

822 F.2d 1023, 1987 U.S. App. LEXIS 9933

Court of Appeals for the Eleventh Circuit | Filed: Jul 27, 1987 | Docket: 1374598

Cited 22 times | Published

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

Sheradsky v. Basadre

452 So. 2d 599

District Court of Appeal of Florida | Filed: May 22, 1984 | Docket: 1517676

Cited 12 times | Published

to utilize the summary procedure provided in Section 51.011, Florida Statutes (1983) to evict a tenant

Odham v. Petersen

398 So. 2d 875

District Court of Appeal of Florida | Filed: Apr 29, 1981 | Docket: 1326561

Cited 12 times | Published

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

Berry v. Clement

346 So. 2d 105

District Court of Appeal of Florida | Filed: May 18, 1977 | Docket: 1734165

Cited 8 times | Published

including the intermediate Saturday and Sunday. Section 51.011, Florida Statutes (1975), which governs summary

Dnd Mail Corp. v. Andgen Properties, LLC

28 So. 3d 111, 2010 Fla. App. LEXIS 145, 2010 WL 99120

District Court of Appeal of Florida | Filed: Jan 13, 2010 | Docket: 1166894

Cited 7 times | Published

failure of DND to timely file an answer under section 51.011(1), Florida Statutes. DND argued that the motion

Connell v. Riggins

944 So. 2d 1174, 2006 WL 3679347

District Court of Appeal of Florida | Filed: Dec 15, 2006 | Docket: 1649496

Cited 7 times | Published

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

CAMENA INVESTMENTS & PROPERTY MANAGEMENT v. Cross

791 So. 2d 595, 2001 Fla. App. LEXIS 12127, 2001 WL 984697

District Court of Appeal of Florida | Filed: Aug 29, 2001 | Docket: 1229418

Cited 7 times | Published

tenants by summary procedure as provided in section 51.011, Florida Statutes (1995). This statutory scheme

Herrell v. SEYFARTH, SHAW

491 So. 2d 1173, 11 Fla. L. Weekly 1461

District Court of Appeal of Florida | Filed: Jul 2, 1986 | Docket: 1721995

Cited 7 times | Published

mechanism (Chapter 67-254, § 7, Laws of Florida, Section 51.011, Florida Statutes), its explicit application

Synchron, Inc. v. Kogan

757 So. 2d 564, 2000 WL 485551

District Court of Appeal of Florida | Filed: Apr 26, 2000 | Docket: 1698232

Cited 5 times | Published

summary proceedings generally are governed by section 51.011, Florida Statutes (1997). See Hayden v. Beese

Paris v. Affleck

431 F. Supp. 878, 1977 U.S. Dist. LEXIS 15828

District Court, M.D. Florida | Filed: May 18, 1977 | Docket: 2052078

Cited 5 times | Published

process of the plaintiff's complaint. Fla. Stat. § 51.011(1).[1] While in state court, the case was controlled

Palm Corp. v. 183rd Street Theatre Corporation

344 So. 2d 252

District Court of Appeal of Florida | Filed: Feb 10, 1977 | Docket: 1517766

Cited 5 times | Published

county court to evict the tenant pursuant to Section 51.011, Florida Statutes (1975). It alleged the forfeiture

Wilkins v. Tebbetts

216 So. 2d 477

District Court of Appeal of Florida | Filed: Dec 10, 1968 | Docket: 420584

Cited 5 times | Published

is entitled to the summary procedure under section 51.011, Florida Statutes, at any time within three

Gould v. Ruzakowski

322 So. 2d 567

District Court of Appeal of Florida | Filed: Nov 18, 1975 | Docket: 162270

Cited 4 times | Published

RCP 1.500(b), Florida Statutes Chapter 83 and § 51.011, Fla. Stat., for the failure of the defendant

Pro-Art Dental Lab v. V-Strategic Group

959 So. 2d 753

District Court of Appeal of Florida | Filed: Jun 27, 2007 | Docket: 1525803

Cited 3 times | Published

finding that, under the summary procedure of section 51.011, Florida Statutes (2006), the county court

Baldwin Sod Farms, Inc. v. Corrigan

746 So. 2d 1198, 1999 WL 1191513

District Court of Appeal of Florida | Filed: Dec 15, 1999 | Docket: 1714873

Cited 3 times | Published

said that it would pay any costs required by section 51.011, Florida Statutes (1997), in connection with

Crocker v. Diland Corp.

593 So. 2d 1096, 1992 WL 13826

District Court of Appeal of Florida | Filed: Jan 31, 1992 | Docket: 446491

Cited 3 times | Published

motion recites that the summary procedure in section 51.011, Florida Statutes (1989) is applicable to Chapter

Sims Crane Service, Inc. v. Ideal Steel Products, Inc.

750 F.2d 884, 1985 U.S. App. LEXIS 27533

Court of Appeals for the Eleventh Circuit | Filed: Jan 15, 1985 | Docket: 441329

Cited 3 times | Published

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

Lane v. Brith

313 So. 2d 91

District Court of Appeal of Florida | Filed: May 9, 1975 | Docket: 1508443

Cited 3 times | Published

landlord utilized the summary procedure provided in § 51.011, F.S. 1971, by virtue of which default and final

Moffett v. MacArthur

291 So. 2d 134

District Court of Appeal of Florida | Filed: Mar 8, 1974 | Docket: 1350670

Cited 3 times | Published

use the summary procedure provided in F.S. Section 51.011, F.S.A. Sub-paragraph 3 of the latter statute

Matter of Provincetown-Boston Airline, Inc.

67 B.R. 66, 1986 Bankr. LEXIS 5038

United States Bankruptcy Court, M.D. Florida | Filed: Oct 30, 1986 | Docket: 1098895

Cited 2 times | Published

proceeding provided for under Florida Statute § 51.011. Section 85.011(5)(b) mandates that in the event

In re 2408 W. Kennedy, LLC

512 B.R. 708, 25 Fla. L. Weekly Fed. B 50, 2014 Bankr. LEXIS 2842, 59 Bankr. Ct. Dec. (CRR) 190, 2014 WL 2958683

United States Bankruptcy Court, M.D. Florida | Filed: Jul 1, 2014 | Docket: 65786411

Cited 1 times | Published

While the tenant did file a motion to dismiss, section 51.011(1), Florida Statutes (a summary proceedings

Jaffe & Hough, P.C. v. Baine

29 So. 3d 456, 2010 Fla. App. LEXIS 3124, 2010 WL 843882

District Court of Appeal of Florida | Filed: Mar 12, 2010 | Docket: 1134114

Cited 1 times | Published

Concurs. ALTENBERND, J., Concurs specially. . See § 51.011, Fla. Stat. (2008) (providing for abbreviated

In re Amendments to the Florida Small Claims Rules

682 So. 2d 1075, 21 Fla. L. Weekly Supp. 439, 1996 Fla. LEXIS 1722, 1996 WL 580288

Supreme Court of Florida | Filed: Oct 10, 1996 | Docket: 64768988

Cited 1 times | Published

the time period prescribed by these rules and section 51.011, Florida Statutes, the statutory provision

Sally Wynn v. Maurice Huffman

District Court of Appeal of Florida | Filed: Jul 23, 2025 | Docket: 70891680

Published

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

In Re: Amendments to Florida Rules of Civil Procedure

Supreme Court of Florida | Filed: Jan 23, 2025 | Docket: 68557908

Published

(1) actions required to proceed under section 51.011, Florida Statutes; (2) actions

In Re: Amendments to Florida Rule of Civil Procedure 1.510 and New Florida Rule of Civil Procedure 1.202

Supreme Court of Florida | Filed: Dec 5, 2024 | Docket: 68557909

Published

(13) filed in actions proceeding under section 51.011, Florida Statutes; and (14) that

In Re: Amendments to Florida Rules of Civil Procedure

Supreme Court of Florida | Filed: Dec 5, 2024 | Docket: 68557908

Published

(1) actions required to proceed under section 51.011, Florida Statutes; (2) actions

In Re: Amendments to Florida Rules of Civil Procedure

Supreme Court of Florida | Filed: May 23, 2024 | Docket: 68557908

Published

(1) actions required to proceed under section 51.011, Florida Statutes; (2) actions

Cameron Jenkins v. Euclid, L.C.

District Court of Appeal of Florida | Filed: Apr 17, 2024 | Docket: 68444174

Published

allowing it to proceed more expeditiously, see § 51.011, Fla. Stat. (2022) (Summary Procedure) and § 83

LENMAR REALTY, LLC v. SUN ELECTRIC WORKS, INC. and LAKE VISTA CENTER, LLC

District Court of Appeal of Florida | Filed: Apr 14, 2021 | Docket: 59819923

Published

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

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Small Claims Rules, and Florida Rules of Appellate Procedure – Jurisdiction

Supreme Court of Florida | Filed: Nov 14, 2019 | Docket: 17440544

Published

time period prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision

Brown v. State

211 So. 3d 325, 2017 WL 634734, 2017 Fla. App. LEXIS 2069

District Court of Appeal of Florida | Filed: Feb 16, 2017 | Docket: 60262580

Published

example, an eviction) requiring a special ve-nire. § 51.011(3), Fla. Stat. (2016) (“If a special venire be

In re Amendments to the Florida Small Claims Rules

123 So. 3d 41, 38 Fla. L. Weekly Supp. 684, 2013 WL 5355064, 2013 Fla. LEXIS 2065

Supreme Court of Florida | Filed: Sep 26, 2013 | Docket: 60235096

Published

the time period prescribed by these rules and section 51.011, Florida Statutes, the statutory provision

Sims v. Nazir

934 So. 2d 474, 2003 Fla. App. LEXIS 12345, 2003 WL 21920383

District Court of Appeal of Florida | Filed: Aug 13, 2003 | Docket: 64845814

Published

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

Wenboy Ltd. Partnership v. Rockledge Bar-B-Q, Inc.

619 So. 2d 414, 1993 Fla. App. LEXIS 6076, 1993 WL 186543

District Court of Appeal of Florida | Filed: Jun 4, 1993 | Docket: 64696610

Published

Count III; and summary proceedings pursuant to Section 51.011. In response, Rockledge filed a motion to dismiss

Hayden v. Beese

596 So. 2d 1207, 1992 Fla. App. LEXIS 4050, 1992 WL 69028

District Court of Appeal of Florida | Filed: Apr 8, 1992 | Docket: 64666631

Published

prevent their landlord from evicting them under section 51.011, Florida Statutes (1989), the summary procedure

George v. Brandychase Ltd. Partnership

841 F.2d 1094, 1988 WL 23280

Court of Appeals for the Eleventh Circuit | Filed: Apr 6, 1988 | Docket: 66233132

Published

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

Hill v. Georgia Power Co.

786 F.2d 1071, 122 L.R.R.M. (BNA) 2779

Court of Appeals for the Eleventh Circuit | Filed: Apr 14, 1986 | Docket: 66214919

Published

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

Florida Bar: In re Rules of Summary Procedure

461 So. 2d 1344, 9 Fla. L. Weekly 416, 1984 Fla. LEXIS 3385

Supreme Court of Florida | Filed: Sep 13, 1984 | Docket: 64609215

Published

time period prescribed by these rules and by Section 51.011, Florida Statutes, the statutory provision

Stein v. Hubbs

439 So. 2d 1005, 1983 Fla. App. LEXIS 22759

District Court of Appeal of Florida | Filed: Oct 27, 1983 | Docket: 64600311

Published

(1981), use the summary procedure provided in section 51.011, Florida Statutes (1981), under which defenses

Hager v. Illes

431 So. 2d 1037, 1983 Fla. App. LEXIS 19895

District Court of Appeal of Florida | Filed: May 11, 1983 | Docket: 64597169

Published

shall be heard by the court prior to trial. Section 51.011(1), Florida Statutes (1981). Appellees contend

Florida Bar

366 So. 2d 398, 1978 Fla. LEXIS 4998

Supreme Court of Florida | Filed: Dec 14, 1978 | Docket: 64568018

Published

time period prescribed by these rules and by Section 51.011, Florida Statutes, the statutory provision

Forbes v. National Industrial Bank of Miami

243 So. 2d 613, 1971 Fla. App. LEXIS 5444

District Court of Appeal of Florida | Filed: Feb 5, 1971 | Docket: 64518639

Published

is entitled to the summary procedure under section 51.011, Florida Statutes, at any time within thre

Avvenire College for Women Inc. v. G. B. D., Inc.

240 So. 2d 191, 1970 Fla. App. LEXIS 5569

District Court of Appeal of Florida | Filed: Oct 14, 1970 | Docket: 64516953

Published

a counterclaim is specifically authorized by F.S. 51.011(1), F.S. A.” In the present case, the lease agreement

Southeastern Fidelity Insurance Co. v. Berman

231 So. 2d 249, 1970 Fla. App. LEXIS 6909

District Court of Appeal of Florida | Filed: Feb 3, 1970 | Docket: 64513114

Published

unlawful detainer and sought summary relief under § 51.011, Fla.Stat., F.S.A. In Paragraph Five of their