Chapter 45 — Chapter 45
13 sections in this chapter.
Fla. Stat. § 45.011 Definitions
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In all statutes about practice and procedure:(1) “Bond with surety” means a bond with two good and sufficient sureties, each with unencumbered property not subject to any exemption afforded by law equal in value to the penal sum of the bond or a bond with a licensed surety compan…
Fla. Stat. § 45.021 Applicability
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Chapters 45-51, 55-57, 68 and 69 apply to all actions, whether heretofore at law or in chancery, unless specifically provided otherwise in such chapters or parts thereof.
Fla. Stat. § 45.031 Judicial sales procedure
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In any sale of real or personal property under an order or judgment, the procedures provided in this section and ss. 45.0315-45.035 may be followed as an alternative to any other sale procedure if so ordered by the court.(1) FINAL JUDGMENT.—(a) In the order or final judgment, the…
Fla. Stat. § 45.0315 Right of redemption
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At any time before the later of the filing of a certificate of sale by the clerk of the court or the time specified in the judgment, order, or decree of foreclosure, the mortgagor or the holder of any subordinate interest may cure the mortgagor’s indebtedness and prevent a forecl…
Fla. Stat. § 45.032 Disbursement of surplus funds after judicial sale
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(1) For purposes of ss. 45.031-45.035, the term:(a) “Owner of record” means the person or persons who appear to be owners of the property that is the subject of the foreclosure proceeding on the date of the filing of the lis pendens. In determining an owner of record, a person ne…
Fla. Stat. § 45.033 Sale or assignment of rights to surplus funds in a property subject to foreclosure
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(1) There is established a rebuttable presumption that the owner of record of real property on the date of the filing of a lis pendens is the person entitled to surplus funds after payment of subordinate lienholders who have timely filed a claim. A person claiming a legal right t…
Fla. Stat. § 45.035 Clerk’s fees
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In addition to other fees or service charges authorized by law, the clerk shall receive service charges related to the judicial sales procedure set forth in ss. 45.031-45.033 and this section:(1) The clerk shall receive a service charge of $70, from which the clerk shall remit $1…
Fla. Stat. § 45.041 Amendment of bonds
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When any bond required or authorized in any action is defective in form or substance, the party giving the bond may give a new bond which is sufficient in form and substance and the new bond is as sufficient as though given in the first instance. The new bond may be given at any …
Fla. Stat. § 45.045 Limitations on supersedeas bond; exception
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(1) Except for certified class actions subject to s. 768.733, in any civil action brought under any legal theory, the amount of a supersedeas bond necessary to obtain an automatic stay of execution of a judgment granting any type of relief during the entire course of all appeals …
Fla. Stat. § 45.051 Execution of supersedeas bond when required of the state or its political subdivisions
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(1) When a supersedeas bond is required by the appellate court under Rule 9.310(b)(2), Florida Rules of Appellate Procedure or an appeal or other proceeding is taken in any court and there is no court rule or statute exempting the parties from giving supersedeas, cost, or other r…
Fla. Stat. § 45.061 Offers of settlement
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(1) At any time more than 60 days after the service of a summons and complaint on a party but not less than 60 days (or 45 days if it is a counteroffer) before trial, any party may serve upon an adverse party a written offer, which offer shall not be filed with the court and shal…
Fla. Stat. § 45.062 Settlements, conditions, or orders when an agency of the executive branch is a party
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(1) In any civil action in which a state executive branch agency or officer is a party in state or federal court, the officer, agent, official, or attorney who represents or is acting on behalf of such agency or officer may not settle such action, consent to any condition, or agr…
Fla. Stat. § 45.075 Expedited trials
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Upon the joint stipulation of the parties to any civil case, the court may conduct an expedited trial as provided in this section. Where two or more plaintiffs or defendants have a unity of interest, such as a husband and wife, they shall be considered one party for the purpose o…