Florida Rules of Civil Procedure, 1.080(a) states, “[e]very pleading subsequent to theinitial pleading,
all orders, and every other document filed in the action must
in conformity with the requirements of Florida Rule of JudicialAdministration 2.516.” (Emphasis added.)
Florida Rule of Judicial Administration 2.516(a) states, “[u]nless the court otherwiseorders, or a statute or supreme court administrative order specifies a different meansof service,
every pleading subsequent to the initial pleading and every otherdocument filed in any court proceeding
, except applications for witness subpoenasand documents served by formal notice or required to be served in the manner provided for service of formal notice,
must be served in accordance with this ruleon each party
.” (Emphasis added.)
Florida Rule of Judicial Administration 2.516 (b) states, “[w]hen service is required or permitted to be made upon a party represented by an attorney,
service must bemade upon the attorney
unless service upon the party is ordered by the court.”(Emphasis added.)9.
The XXXXXXXXXXXXXXXXXXX County, Florida Administrative Order XXXXXXXXXXXXXXXXXXX states, “…the parties are advised to use good faithefforts to resolve the issues set forth in the motion
to the setting of a motion;coordinate the date and time of the hearing…”10.
Furthermore, Florida Rules of Civil Procedure, 1.190(a) states in part, “[a] party shall plead in response to an amended pleading within 10 days after service of the amended pleading unless the court otherwise orders.” (Emphasis Added).11.
In this action, in violation of the Florida Rules of Civil Procedure, the Florida Rulesof Judicial Administration, and one of this Circuit’s own long standingAdministrative Orders(“local rules”), the Plaintiff failed to 1) serve the Motion for Leave on the Defendant, 2) use good faith to resolve the issue prior to setting thehearing, 3) coordinate the date and time of the hearing with the Defendant, and 4)serve the Order granting leave to amend.12.
Despite an Order substituting in the Defendant’s current counsel and despite theDefendant’s numerous good faith attempts to resolve this issue, the Plaintiff counselfailed to cooperate in anyway or rectify these blatant violations.
PLAINTIFF’S REPEATED FAILURE TO PROVIDE WITNESS LIST ANDEXHIBITS
On April 4, 2013, a Foreclosure Uniform Order Setting Cause for Non-Jury Trial, and Trial Instructions were entered, setting this cause for trial on May 20, 2013.