Now a Judge is flat out saying that the Florida Rules of Civil Procedure do not apply!
Florida Rules of Civil Procedure
1.510 Summary Judgment
e) Form of Affidavits; Further Testimony. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith.
Not only does it appear that the judge “withdrew” the defendants motion to dismiss, he flat out tells him the Fla.R.Civ.Pro do not apply in his court…
Obviously, Lee County judge forgotten Judge Blanc's new procedures for all judges:
On December 2, 2010, Judge Blanc posted a change in the foreclosure procedures effective January 3, 2010 which left me with some questions.
“Motions for summary judgment, effective January 3, 2011, all affidavits, including amended affidavits, filed in support of Summary Judgment in the foreclosure divisions shall include as an attachment copies of payment records upon which the affiant relies to support the motion.”
Order - Lee County is NOT Requiring That Plaintiff's Comply With Fla.R.civ.Pro 1.510(e)
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