Form 78 – Motion For Default Final Judgment (Residential Eviction) in Florida
In Florida, a motion for final judgment is a formal request made to the court to issue a final ruling in a case, effectively concluding the legal proceedings. This motion is commonly used in various types of cases, including civil, family, and eviction proceedings. A motion for final judgment Florida serves as a crucial step in the legal process, allowing a party to expedite the resolution of a case when the facts are undisputed, or when procedural rules demand a conclusion without further delay. This request is essential in streamlining court proceedings by encouraging efficiency and finality in judicial decisions.
This form is used in Florida’s county courts for landlords to seek default judgment eviction against tenants. The process involves a two-step judicial procedure:
- Clerk’s Default: Prior to filing for a default final judgment, the landlord must obtain a Clerk’s default. This is achieved by submitting the correct form (Form 76 for eviction complaints, Form 77 for back rent and damages complaints) along with a Nonmilitary Affidavit (Form 81) to the Clerk of the Court. This step confirms that the tenant has failed to respond to the complaints within the prescribed time limits.
- Default Final Judgment: Once the Clerk’s default is secured, the landlord can proceed by submitting this form (Form 78) to obtain a final judgment eviction Florida from the judge. The form must be accompanied by the Affidavit of Damages (Form 80), if damages are being claimed. Proper service of the motion and affidavit on the defendant is required, with proof of service included.
The motion for default judgment eviction Florida includes placeholders for inserting the specific county, the names of the landlord and tenant, and the case number. Additionally, it requires the landlord to detail the filing of the complaint and the entry of the default and to formally request the court to grant a final judgment for residential eviction.
It is crucial for users of Form 78 to understand that the notes provided are for informational purposes only and may not fully represent the requirements of Florida law. It is recommended to consult with an attorney if necessary. This form is approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar and includes sections for the preparer’s details, enhancing its utility and compliance with legal protocols.
Filling out Form 78 correctly is crucial to ensure a smooth legal process for default judgement eviction in Florida. Below is a step-by-step guide to help you complete the form accurately.
Step 1: Preparation
Before you begin filling out the form, ensure you have obtained the necessary preceding documents:
- Clerk’s Default: Ensure that the Clerk’s default has been properly filed using Form 76 (for eviction) or Form 77 (for back rent and damages), along with a Nonmilitary Affidavit (Form 81).
Step 2: Complete the Header Section
- County and Court: Fill in the county and court information at the top of the form where indicated: “IN THE COUNTY COURT, IN AND FOR [insert county in which rental property is located] COUNTY, FLORIDA.”
- Landlord and Tenant Names: Enter the full legal names of the landlord (plaintiff) and tenant (defendant) in the designated areas.
- Case Number: Enter the case number assigned by the Clerk of the Court.
Step 3: Statement of Motion
- Defendant’s Name: In the motion section, write the tenant’s name again where it asks for the defendant who has failed to respond as required.
- Filing and Default Dates: Specify the date the original complaint was filed and the date the Clerk entered the default. These dates need to be accurate and reflect the court’s records.
Step 4: Request for Judgment
- Judgment Request: Confirm the request for the court to enter a Final Judgment for Residential Eviction against the tenant. This is typically a formal statement included in the form but check to ensure it matches your intention.
Step 5: Landlord Information
- Contact Details: Provide the complete name, address, and telephone number of the landlord. This information is crucial for court communications and for the tenant to know who to contact regarding the eviction.
Step 6: Certification of Service
- Certificate of Service: The form usually includes a section to certify that a copy of the motion and any accompanying documents (like an Affidavit of Damages if applicable) have been served to the tenant. Complete this section by entering the tenant’s name and address, and date the documents were served.
Step 7: Approval and Assistance
- Form Assistance: At the bottom of the form, indicate whether you completed the form yourself or received help. If assisted by a lawyer or a legal aide, provide their name, address, and telephone number.
Step 8: Review and File
- Review Your Entries: Double-check all entered information for accuracy and completeness.
- File the Form: Submit the completed form to the court handling your case. Ensure that you keep copies of the form and any other documents submitted for your records.
Additional Notes
- Legal Advice: Consider consulting with an attorney if you are unsure about any part of the form or the eviction process. Form notes are for informational purposes and may not completely describe all requirements of Florida law.
- Updates and Changes: Be aware of any updates to the rules or forms that may affect your filing.
This guide should help you navigate the complexities of filling out Form 78. Always ensure that you follow the latest legal procedures and court requirements to avoid any delays or legal issues in your eviction process.