In Re: Amendments To Florida Small Claims Rules

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Supreme Court of Florida ____________ No. SC07-179 ____________ IN RE: AMENDMENTS TO FLORIDA SMALL CLAIMS RULES. [July 5, 2007] PER CURIAM. The Florida Bar s Small Claims Rules Committee (Committee) has filed its regular-cycle report of proposed rules in accordance with Florida Rule of Judicial Administration 2.140(b). We have jurisdiction. See art. V, ยง 2(a), Fla. Const. The Committee proposes the creation of new form 7.347 (Satisfaction of Judgment). The form is identical to form 1.981 in the Florida Rules of Civil Procedure and will put parties on notice that a judgment has been satisfied. Prior to submission to the Court, the proposed form was published in The Florida Bar News, and interested parties were invited to comment. 1 One comment was received by the Committee, but no changes were made to the proposal. After 1. The Committee originally proposed two other amendments to the Florida Small Claims Rules. The Committee withdrew those amendments prior to the submission of its report. submission to the Court, the form was again published for comment, but no comments were received. Upon consideration, we adopt proposed form 7.347 and amend the Florida Small Claims Rules as reflected in the appendix to this opinion. The amendments shall become effective January 1, 2008, at 12:01 a.m. It is so ordered. LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS. Original Proceeding The Florida Small Claims Rules Honorable Pauline M. Drayton, Chair, the Small Claims Rules Committee, Circuit Judge, Fourth Judicial Circuit, Jacksonville, Florida, John F. Harkness, Jr., Executive Director, and Madelon Horwich, Bar Staff Liaison, The Florida Bar, Tallahassee, Florida, for Petitioner -2- APPENDIX FORM 7.347. SATISFACTION OF JUDGMENT SATISFACTION OF JUDGMENT The undersigned, the owner and holder of that certain final judgment rendered in the above-captioned civil action, dated .........., recorded in .................... County, Official Records Book ..... beginning at Page ....., does hereby acknowledge that all sums due under it have been fully paid and that final judgment is hereby satisfied and is canceled and satisfied of record. DATED on ..................... ______________________________________ Judgment Owner and Holder (or their attorney) Committee Note 2007 Amendment. This satisfaction of judgment is a general form. It is a new form. To ensure identity of the signer, notarization is prudent but not required. If a certified copy of the judgment is recorded, it may be prudent to include that recording information. -3-

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