Preview
Filing # 138343745 E-Filed 11/11/2021 10:39:30 AM
IN THE COUNTY COURT IN AND FOR
MIAMI-DADE COUNTY FLORIDA
CASE NO. 21-009772-CC-21
THE RIGHT SPINAL CLINIC, INC.
A/A/O (HERNANDEZ, LOIDA)
Plaintiff,
vs.
GEICO GENERAL INS. CO.,
Defendant.
_________________________________/
___________________________________________________________________________
PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE
COMES NOW, the Plaintiff, by and through the undersigned attorney and hereby
requests that this Honorable Court take mandatory Judicial Notice of the following rules:
Rule 2.516 of the Florida Rules of Judicial Administration, Service of Pleadings and
Documents, effective 4/4/2013 and amended 11/14/2013, and the time requirements
contained therein. A copy is attached hereto and made a part thereof as “EXHIBIT A.”
Rule 2.514 of the Florida Rules of Judicial Administration, Computing and Extending
Time, adopted 10/01/2012, and the time requirements contained therein. A copy is attached
hereto and made a part thereof as “EXHIBIT B.”
Rule 1.090 of the Florida Rules of Civil Procedure, most recently amended 10/1/2012
(95.So.3d 96), and the time requirements contained therein. A copy is attached hereto and
Plaintiff’s Request for Judicial Notice |1
made a part thereof as “EXHIBIT C.”
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy was submitted to the Florida Courts E-
Filing Portal to be served upon the following persons as the designated email address(es) for
service to Marcus Griggs, Esq., Law Office Of Haydee De La Rosa Tolgyesi, 2600 Douglas
Road, Suite#700, Coral Gables, FL 33134, Miamipipgeico@Geico.Com, this 11th day of
November, 2021.
The Evolution Law Group, P.A.
2700 Glades Circle, Suite 145
Weston, FL 33327
Telephone (954) 840 6665
Facsimile (954) 840 6997
ServiceELG@theevolutionlawGroup.com
Attorney for Plaintiff
/s/ Kelly M. Arias
Kelly M. Arias Esquire
Florida Bar No. 0013980
Plaintiff’s Request for Judicial Notice |2
EXHIBIT A
Plaintiff’s Request for Judicial Notice |3
West’s Florida Statutes Annotated
Florida Rules of Judicial Administration (Refs & Annos)
Part V. Practice of Law
B. Practice and Litigation Procedures
Fla. R. Jud. Admin., Rule 2.516
Rule 2.516. Service of Pleadings and Documents
Currentness
(a) Service; When Required. Unless the court otherwise orders, or a statute or supreme court administrative
order specifies a different means of service, every pleading subsequent to the initial pleading and every other
document filed in any court proceeding, except applications for witness subpoenas and 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 rule on each party. No service need be made on parties against whom a default has been
entered, except that pleadings asserting new or additional claims against them must be served in the manner
provided for service of summons.
(b) Service; How Made. When service is required or permitted to be made upon a party represented by an
attorney, service must be made upon the attorney unless service upon the party is ordered by the court.
(1) Service by Electronic Mail (“e-mail”). All documents required or permitted to be served on another party
must be served by e-mail, unless the parties otherwise stipulate or this rule otherwise provides. A filer of an
electronic document has complied with this subdivision if the Florida Courts e-filing Portal (“Portal”) or other
authorized electronic filing system with a supreme court approved electronic service system (“e-Service
system”) served the document by e-mail or provided a link by e-mail to the document on a website maintained
by a clerk (“e-Service”). The filer of an electronic document must verify that the Portal or other e-Service
system uses the names and e-mail addresses provided by the parties pursuant to subdivision (b)(1)(A).
(A) Service on Attorneys. Upon appearing in a proceeding, an attorney must designate a primary e-mail
address and may designate no more than two secondary e-mail addresses and is responsible for the accuracy
of and changes to that attorney’s own e-mail addresses maintained by the Portal or other e-Service system.
Thereafter, service must be directed to all designated e-mail addresses in that proceeding. Every document
filed or served by an attorney thereafter must include the primary e-mail address of that attorney and any
secondary e-mail addresses. If an attorney does not designate any e-mail address for service, documents may
be served on that attorney at the e-mail address on record with The Florida Bar.
(B) Exception to E-mail Service on Attorneys. Upon motion by an attorney demonstrating that the attorney
has no e-mail account and lacks access to the Internet at the attorney’s office, the court may excuse the
attorney from the requirements of e-mail service. Service on and by an attorney excused by the court from e-
mail service must be by the means provided in subdivision (b)(2) of this rule.
(C) Service on and by Parties Not Represented by an Attorney. Any party not represented by an attorney may
serve a designation of a primary e-mail address and also may designate no more than two secondary e-mail
Plaintiff’s Request for Judicial Notice |4
addresses to which service must be directed in that proceeding by the means provided in subdivision (b)(1) of
this rule. If a party not represented by an attorney does not designate an e-mail address for service in a
proceeding, service on and by that party must be by the means provided in subdivision (b)(2) of this rule.
(D) Time of Service. Service by e-mail is complete on the date it is sent.
(i) If, however, the e-mail is sent by the Portal or other e-Service system, service is complete on the date
the served document is electronically filed.
(ii) If the person required to serve a document learns that the e-mail was not received by an intended
recipient, the person must immediately resend the document to that intended recipient by e-mail, or by a
means authorized by subdivision (b)(2) of this rule.
(iii) E-mail service, including e-Service, is treated as service by mail for the computation of time.
(E) Format of E-mail for Service. Service of a document by e-mail is made by an e-mail sent to all addresses
designated by the attorney or party with either (a) a copy of the document in PDF format attached or (b) a
link to the document on a website maintained by a clerk.
(i) All documents served by e-mail must be sent by an e-mail message containing a subject line beginning
with the words “SERVICE OF COURT DOCUMENT” in all capital letters, followed by the case number
of the proceeding in which the documents are being served.
(ii) The body of the e-mail must identify the court in which the proceeding is pending, the case number, the
name of the initial party on each side, the title of each document served with that e-mail, and the name and
telephone number of the person required to serve the document.
(iii) Any document served by e-mail may be signed by any of the “/s/”, “/s”, or “s/” formats.
(iv) Any e-mail which, together with its attached documents, exceeds five megabytes (5MB) in size, must
be divided and sent as separate e-mails, no one of which may exceed 5MB in size and each of which must
be sequentially numbered in the subject line.
(2) Service by Other Means. In addition to, and not in lieu of, service by e-mail, service may also be made upon
attorneys by any of the means specified in this subdivision. If a document is served by more than one method of
service, the computation of time for any response to the served document shall be based on the method of
service that provides the shortest response time. Service on and by all parties who are not represented by an
attorney and who do not designate an e-mail address, and on and by all attorneys excused from e-mail service,
must be made by delivering a copy of the document or by mailing it to the party or attorney at their last known
address or, if no address is known, by leaving it with the clerk of the court. Service by mail is complete upon
mailing. Delivery of a copy within this rule is complete upon:
(A) handing it to the attorney or to the party,
Plaintiff’s Request for Judicial Notice |5
(B) leaving it at the attorney’s or party’s office with a clerk or other person in charge thereof,
(C) if there is no one in charge, leaving it in a conspicuous place therein,
(D) if the office is closed or the person to be served has no office, leaving it at the person’s usual place of
abode with some person of his or her family above 15 years of age and informing such person of the contents,
or
(E) transmitting it by facsimile to the attorney’s or party’s office with a cover sheet containing the sender’s
name, firm, address, telephone number, and facsimile number, and the number of pages transmitted. When
service is made by facsimile, a copy must also be served by any other method permitted by this rule.
Facsimile service occurs when transmission is complete.
(F) Service by delivery shall be deemed complete on the date of the delivery.
(c) Service; Numerous Defendants. In actions when the parties are unusually numerous, the court may
regulate the service contemplated by these rules on motion or on its own initiative in such manner as may be
found to be just and reasonable.
(d) Filing. All documents must be filed with the court either before service or immediately thereafter, unless
otherwise provided for by general law or other rules. If the original of any bond or other document required to
be an original is not placed in the court file or deposited with the clerk, a certified copy must be so placed by the
clerk.
(e) Filing Defined. The filing of documents with the court as required by these rules must be made by filing
them with the clerk in accordance with rule 2.525, except that the judge may permit documents to be filed with
the judge, in which event the judge must note the filing date before him or her on the documents and transmit
them to the clerk. The date of filing is that shown on the face of the document by the judge’s notation or the
clerk’s time stamp, whichever is earlier.
(f) Certificate of Service. When any attorney certifies in substance:
“I certify that the foregoing document has been furnished to (here insert name or names, addresses used for
service, and mailing addresses) by (e-mail) (delivery) (mail) (fax) on ...(date)...
.................................................................................................................................................................................................................................................................................
Attorney”
the certificate is taken as prima facie proof of such service in compliance with this rule.
(g) Service by Clerk. When the clerk is required to serve notices and other documents, the clerk may do so by
e-mail as provided in subdivision (b)(1) or by any other method permitted under subdivision (b)(2). Service by a
clerk is not required to be by e-mail.
Plaintiff’s Request for Judicial Notice |6
(h) Service of Orders.
(1) A copy of all orders or judgments must be transmitted by the court or under its direction to all parties at the
time of entry of the order or judgment. No service need be made on parties against whom a default has been
entered except orders setting an action for trial and final judgments that must be prepared and served as
provided in subdivision (h)(2). The court may require that orders or judgments be prepared by a party, may
require the party to furnish the court with stamped, addressed envelopes for service of the order or judgment,
and may require that proposed orders and judgments be furnished to all parties before entry by the court of the
order or judgment. The court may serve any order or judgment by e-mail to all attorneys who have not been
excused from e-mail service and to all parties not represented by an attorney who have designated an e-mail
address for service.
(2) When a final judgment is entered against a party in default, the court must mail a conformed copy of it to the
party. The party in whose favor the judgment is entered must furnish the court with a copy of the judgment,
unless it is prepared by the court, with the address of the party to be served. If the address is unknown, the copy
need not be furnished.
(3) This subdivision is directory and a failure to comply with it does not affect the order or judgment, its
finality, or any proceedings arising in the action.
Credits
Added Oct. 18, 2012, effective, nunc pro tunc, Sept. 1, 2012 (102 So.3d 505). Amended Oct. 18, 2012, effective
Dec. 1, 2012, April 1, 2013, Oct. 1, 2013 (102 So.3d 451); April 4, 2013 (112 So.3d 1173); Nov. 14, 2013 (126
So.3d 222).
West’s F.S.A. R.Jud.Admin. Rule 2.516, FL ST J ADMIN Rule 2.516
Current with amendments received through 3/1/2014
End of Document © 2014 Thomson Reuters. No claim to original U.S. Government Works.
Plaintiff’s Request for Judicial Notice |7
EXHIBIT B
Plaintiff’s Request for Judicial Notice |8
West’s Florida Statutes Annotated
Florida Rules of Judicial Administration (Refs & Annos)
Part V. Practice of Law
B. Practice and Litigation Procedures
Fla. R. Jud. Admin., Rule 2.514
Rule 2.514. Computing and Extending Time
Currentness
(a) Computing Time. The following rules apply in computing time periods specified in any rule of procedure,
local rule, court order, or statute that does not specify a method of computing time.
(1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time
(A) exclude the day of the event that triggers the period;
(B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and
(C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, or falls within
any period of time extended through an order of the chief justice under Florida Rule of Judicial
Administration 2.205(a)(2)(B)(iv), the period continues to run until the end of the next day that is not a
Saturday, Sunday, or legal holiday and does not fall within any period of time extended through an order of
the chief justice.
(2) Period Stated in Hours. When the period is stated in hours
(A) begin counting immediately on the occurrence of the event that triggers the period;
(B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and
(C) if the period would end on a Saturday, Sunday, or legal holiday, or during any period of time extended
through an order of the chief justice under Florida Rule of Judicial Administration 2.205(a)(2)(B)(iv), the
period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday
and does not fall within any period of time extended through an order of the chief justice.
(3) Period Stated in Days Less Than Seven Days. When the period stated in days is less than 7 days,
intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.
Plaintiff’s Request for Judicial Notice |9
(4) “Last Day” Defined. Unless a different time is set by a statute, local rule, or court order, the last day ends
(A) for electronic filing or for service by any means, at midnight; and
(B) for filing by other means, when the clerk’s office is scheduled to close.
(5) “Next Day” Defined. The “next day” is determined by continuing to count forward when the period is
measured after an event and backward when measured before an event.
(6) “Legal Holiday” Defined. “Legal holiday” means
(A) the day set aside by section 110.117, Florida Statutes, for observing New Year’s Day, Martin Luther
King, Jr.’s Birthday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, the
Friday after Thanksgiving Day, or Christmas Day, and
(B) any day observed as a holiday by the clerk’s office or as designated by the chief judge.
(b) Additional Time after Service by Mail or E-mail. When a party may or must act within a specified time
after service and service is made by mail or e-mail, 5 days are added after the period that would otherwise
expire under subdivision (a).
Credits
Added July 12, 2012, effective Oct. 1, 2012 (95 So.3d 96).
West’s F.S.A. R.Jud.Admin. Rule 2.514, FL ST J ADMIN Rule 2.514
Current with amendments received through 3/1/2014
End of Document © 2014 Thomson Reuters. No claim to original U.S. Government Works.
Plaintiff’s Request for Judicial Notice |10
EXHIBIT C
Plaintiff’s Request for Judicial Notice |11
West’s Florida Statutes Annotated
Florida Rules of Civil Procedure (Refs & Annos)
Fla.R.Civ.P. Rule 1.090
Rule 1.090. Time
Currentness
(a) Computation. Computation of time shall be governed by Florida Rule of Judicial Administration 2.514.
(b) Enlargement. When an act is required or allowed to be done at or within a specified time by order of court, by
these rules, or by notice given thereunder, for cause shown the court at any time in its discretion (1) with or without
notice, may order the period enlarged if request therefor is made before the expiration of the period originally
prescribed or as extended by a previous order, or (2) upon motion made and notice after the expiration of the
specified period, may permit the act to be done when failure to act was the result of excusable neglect, but it may not
extend the time for making a motion for new trial, for rehearing, or to alter or amend a judgment; making a motion
for relief from a judgment under rule 1.540(b); taking an appeal or filing a petition for certiorari; or making a motion
for a directed verdict.
(c) Unaffected by Expiration of Term. The period of time provided for the doing of any act or the taking of any
proceeding shall not be affected or limited by the continued existence or expiration of a term of court. The continued
existence or expiration of a term of court in no way affects the power of a court to do any act or take any proceeding
in any action which is or has been pending before it.
(d) For Motions. A copy of any written motion which may not be heard ex parte and a copy of the notice of the
hearing thereof shall be served a reasonable time before the time specified for the hearing.
Credits
Amended Oct. 9, 1980, effective Jan. 1, 1981 (391 So.2d 165); July 16, 1992, effective Jan. 1, 1993 (604 So.2d
1110); July 12, 2012, effective Oct. 1, 2012 (95 So.3d 96).
Editors’ Notes
AUTHORS’ COMMENT--1967
Rule 1.090 is substantially the same as former Rule 1.6, 1954 Rules of Civil Procedure, as amended in
1965, as well as Federal Rule 6.
Notes of Decisions (201)
Plaintiff’s Request for Judicial Notice |12
West’s F.S.A. RCP Rule 1.090, FL ST RCP Rule 1.090
Current with amendments received through 3/1/2014
End of Document © 2014 Thomson Reuters. No claim to original U.S. Government Works.
Plaintiff’s Request for Judicial Notice |13
Preview
Filing # 138343745 E-Filed 11/11/2021 10:39:30 AM IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY FLORIDA CASE NO. 21-009772-CC-21 THE RIGHT SPINAL CLINIC, INC. A/A/O (HERNANDEZ, LOIDA) Plaintiff, vs. GEICO GENERAL INS. CO., Defendant. _________________________________/ ___________________________________________________________________________ PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE COMES NOW, the Plaintiff, by and through the undersigned attorney and hereby requests that this Honorable Court take mandatory Judicial Notice of the following rules: Rule 2.516 of the Florida Rules of Judicial Administration, Service of Pleadings and Documents, effective 4/4/2013 and amended 11/14/2013, and the time requirements contained therein. A copy is attached hereto and made a part thereof as “EXHIBIT A.” Rule 2.514 of the Florida Rules of Judicial Administration, Computing and Extending Time, adopted 10/01/2012, and the time requirements contained therein. A copy is attached hereto and made a part thereof as “EXHIBIT B.” Rule 1.090 of the Florida Rules of Civil Procedure, most recently amended 10/1/2012 (95.So.3d 96), and the time requirements contained therein. A copy is attached hereto and Plaintiff’s Request for Judicial Notice |1 made a part thereof as “EXHIBIT C.” CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy was submitted to the Florida Courts E- Filing Portal to be served upon the following persons as the designated email address(es) for service to Marcus Griggs, Esq., Law Office Of Haydee De La Rosa Tolgyesi, 2600 Douglas Road, Suite#700, Coral Gables, FL 33134, Miamipipgeico@Geico.Com, this 11th day of November, 2021. The Evolution Law Group, P.A. 2700 Glades Circle, Suite 145 Weston, FL 33327 Telephone (954) 840 6665 Facsimile (954) 840 6997 ServiceELG@theevolutionlawGroup.com Attorney for Plaintiff /s/ Kelly M. Arias Kelly M. Arias Esquire Florida Bar No. 0013980 Plaintiff’s Request for Judicial Notice |2 EXHIBIT A Plaintiff’s Request for Judicial Notice |3 West’s Florida Statutes Annotated Florida Rules of Judicial Administration (Refs & Annos) Part V. Practice of Law B. Practice and Litigation Procedures Fla. R. Jud. Admin., Rule 2.516 Rule 2.516. Service of Pleadings and Documents Currentness (a) Service; When Required. Unless the court otherwise orders, or a statute or supreme court administrative order specifies a different means of service, every pleading subsequent to the initial pleading and every other document filed in any court proceeding, except applications for witness subpoenas and 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 rule on each party. No service need be made on parties against whom a default has been entered, except that pleadings asserting new or additional claims against them must be served in the manner provided for service of summons. (b) Service; How Made. When service is required or permitted to be made upon a party represented by an attorney, service must be made upon the attorney unless service upon the party is ordered by the court. (1) Service by Electronic Mail (“e-mail”). All documents required or permitted to be served on another party must be served by e-mail, unless the parties otherwise stipulate or this rule otherwise provides. A filer of an electronic document has complied with this subdivision if the Florida Courts e-filing Portal (“Portal”) or other authorized electronic filing system with a supreme court approved electronic service system (“e-Service system”) served the document by e-mail or provided a link by e-mail to the document on a website maintained by a clerk (“e-Service”). The filer of an electronic document must verify that the Portal or other e-Service system uses the names and e-mail addresses provided by the parties pursuant to subdivision (b)(1)(A). (A) Service on Attorneys. Upon appearing in a proceeding, an attorney must designate a primary e-mail address and may designate no more than two secondary e-mail addresses and is responsible for the accuracy of and changes to that attorney’s own e-mail addresses maintained by the Portal or other e-Service system. Thereafter, service must be directed to all designated e-mail addresses in that proceeding. Every document filed or served by an attorney thereafter must include the primary e-mail address of that attorney and any secondary e-mail addresses. If an attorney does not designate any e-mail address for service, documents may be served on that attorney at the e-mail address on record with The Florida Bar. (B) Exception to E-mail Service on Attorneys. Upon motion by an attorney demonstrating that the attorney has no e-mail account and lacks access to the Internet at the attorney’s office, the court may excuse the attorney from the requirements of e-mail service. Service on and by an attorney excused by the court from e- mail service must be by the means provided in subdivision (b)(2) of this rule. (C) Service on and by Parties Not Represented by an Attorney. Any party not represented by an attorney may serve a designation of a primary e-mail address and also may designate no more than two secondary e-mail Plaintiff’s Request for Judicial Notice |4 addresses to which service must be directed in that proceeding by the means provided in subdivision (b)(1) of this rule. If a party not represented by an attorney does not designate an e-mail address for service in a proceeding, service on and by that party must be by the means provided in subdivision (b)(2) of this rule. (D) Time of Service. Service by e-mail is complete on the date it is sent. (i) If, however, the e-mail is sent by the Portal or other e-Service system, service is complete on the date the served document is electronically filed. (ii) If the person required to serve a document learns that the e-mail was not received by an intended recipient, the person must immediately resend the document to that intended recipient by e-mail, or by a means authorized by subdivision (b)(2) of this rule. (iii) E-mail service, including e-Service, is treated as service by mail for the computation of time. (E) Format of E-mail for Service. Service of a document by e-mail is made by an e-mail sent to all addresses designated by the attorney or party with either (a) a copy of the document in PDF format attached or (b) a link to the document on a website maintained by a clerk. (i) All documents served by e-mail must be sent by an e-mail message containing a subject line beginning with the words “SERVICE OF COURT DOCUMENT” in all capital letters, followed by the case number of the proceeding in which the documents are being served. (ii) The body of the e-mail must identify the court in which the proceeding is pending, the case number, the name of the initial party on each side, the title of each document served with that e-mail, and the name and telephone number of the person required to serve the document. (iii) Any document served by e-mail may be signed by any of the “/s/”, “/s”, or “s/” formats. (iv) Any e-mail which, together with its attached documents, exceeds five megabytes (5MB) in size, must be divided and sent as separate e-mails, no one of which may exceed 5MB in size and each of which must be sequentially numbered in the subject line. (2) Service by Other Means. In addition to, and not in lieu of, service by e-mail, service may also be made upon attorneys by any of the means specified in this subdivision. If a document is served by more than one method of service, the computation of time for any response to the served document shall be based on the method of service that provides the shortest response time. Service on and by all parties who are not represented by an attorney and who do not designate an e-mail address, and on and by all attorneys excused from e-mail service, must be made by delivering a copy of the document or by mailing it to the party or attorney at their last known address or, if no address is known, by leaving it with the clerk of the court. Service by mail is complete upon mailing. Delivery of a copy within this rule is complete upon: (A) handing it to the attorney or to the party, Plaintiff’s Request for Judicial Notice |5 (B) leaving it at the attorney’s or party’s office with a clerk or other person in charge thereof, (C) if there is no one in charge, leaving it in a conspicuous place therein, (D) if the office is closed or the person to be served has no office, leaving it at the person’s usual place of abode with some person of his or her family above 15 years of age and informing such person of the contents, or (E) transmitting it by facsimile to the attorney’s or party’s office with a cover sheet containing the sender’s name, firm, address, telephone number, and facsimile number, and the number of pages transmitted. When service is made by facsimile, a copy must also be served by any other method permitted by this rule. Facsimile service occurs when transmission is complete. (F) Service by delivery shall be deemed complete on the date of the delivery. (c) Service; Numerous Defendants. In actions when the parties are unusually numerous, the court may regulate the service contemplated by these rules on motion or on its own initiative in such manner as may be found to be just and reasonable. (d) Filing. All documents must be filed with the court either before service or immediately thereafter, unless otherwise provided for by general law or other rules. If the original of any bond or other document required to be an original is not placed in the court file or deposited with the clerk, a certified copy must be so placed by the clerk. (e) Filing Defined. The filing of documents with the court as required by these rules must be made by filing them with the clerk in accordance with rule 2.525, except that the judge may permit documents to be filed with the judge, in which event the judge must note the filing date before him or her on the documents and transmit them to the clerk. The date of filing is that shown on the face of the document by the judge’s notation or the clerk’s time stamp, whichever is earlier. (f) Certificate of Service. When any attorney certifies in substance: “I certify that the foregoing document has been furnished to (here insert name or names, addresses used for service, and mailing addresses) by (e-mail) (delivery) (mail) (fax) on ...(date)... ................................................................................................................................................................................................................................................................................. Attorney” the certificate is taken as prima facie proof of such service in compliance with this rule. (g) Service by Clerk. When the clerk is required to serve notices and other documents, the clerk may do so by e-mail as provided in subdivision (b)(1) or by any other method permitted under subdivision (b)(2). Service by a clerk is not required to be by e-mail. Plaintiff’s Request for Judicial Notice |6 (h) Service of Orders. (1) A copy of all orders or judgments must be transmitted by the court or under its direction to all parties at the time of entry of the order or judgment. No service need be made on parties against whom a default has been entered except orders setting an action for trial and final judgments that must be prepared and served as provided in subdivision (h)(2). The court may require that orders or judgments be prepared by a party, may require the party to furnish the court with stamped, addressed envelopes for service of the order or judgment, and may require that proposed orders and judgments be furnished to all parties before entry by the court of the order or judgment. The court may serve any order or judgment by e-mail to all attorneys who have not been excused from e-mail service and to all parties not represented by an attorney who have designated an e-mail address for service. (2) When a final judgment is entered against a party in default, the court must mail a conformed copy of it to the party. The party in whose favor the judgment is entered must furnish the court with a copy of the judgment, unless it is prepared by the court, with the address of the party to be served. If the address is unknown, the copy need not be furnished. (3) This subdivision is directory and a failure to comply with it does not affect the order or judgment, its finality, or any proceedings arising in the action. Credits Added Oct. 18, 2012, effective, nunc pro tunc, Sept. 1, 2012 (102 So.3d 505). Amended Oct. 18, 2012, effective Dec. 1, 2012, April 1, 2013, Oct. 1, 2013 (102 So.3d 451); April 4, 2013 (112 So.3d 1173); Nov. 14, 2013 (126 So.3d 222). West’s F.S.A. R.Jud.Admin. Rule 2.516, FL ST J ADMIN Rule 2.516 Current with amendments received through 3/1/2014 End of Document © 2014 Thomson Reuters. No claim to original U.S. Government Works. Plaintiff’s Request for Judicial Notice |7 EXHIBIT B Plaintiff’s Request for Judicial Notice |8 West’s Florida Statutes Annotated Florida Rules of Judicial Administration (Refs & Annos) Part V. Practice of Law B. Practice and Litigation Procedures Fla. R. Jud. Admin., Rule 2.514 Rule 2.514. Computing and Extending Time Currentness (a) Computing Time. The following rules apply in computing time periods specified in any rule of procedure, local rule, court order, or statute that does not specify a method of computing time. (1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, or falls within any period of time extended through an order of the chief justice under Florida Rule of Judicial Administration 2.205(a)(2)(B)(iv), the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday and does not fall within any period of time extended through an order of the chief justice. (2) Period Stated in Hours. When the period is stated in hours (A) begin counting immediately on the occurrence of the event that triggers the period; (B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and (C) if the period would end on a Saturday, Sunday, or legal holiday, or during any period of time extended through an order of the chief justice under Florida Rule of Judicial Administration 2.205(a)(2)(B)(iv), the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday and does not fall within any period of time extended through an order of the chief justice. (3) Period Stated in Days Less Than Seven Days. When the period stated in days is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. Plaintiff’s Request for Judicial Notice |9 (4) “Last Day” Defined. Unless a different time is set by a statute, local rule, or court order, the last day ends (A) for electronic filing or for service by any means, at midnight; and (B) for filing by other means, when the clerk’s office is scheduled to close. (5) “Next Day” Defined. The “next day” is determined by continuing to count forward when the period is measured after an event and backward when measured before an event. (6) “Legal Holiday” Defined. “Legal holiday” means (A) the day set aside by section 110.117, Florida Statutes, for observing New Year’s Day, Martin Luther King, Jr.’s Birthday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, the Friday after Thanksgiving Day, or Christmas Day, and (B) any day observed as a holiday by the clerk’s office or as designated by the chief judge. (b) Additional Time after Service by Mail or E-mail. When a party may or must act within a specified time after service and service is made by mail or e-mail, 5 days are added after the period that would otherwise expire under subdivision (a). Credits Added July 12, 2012, effective Oct. 1, 2012 (95 So.3d 96). West’s F.S.A. R.Jud.Admin. Rule 2.514, FL ST J ADMIN Rule 2.514 Current with amendments received through 3/1/2014 End of Document © 2014 Thomson Reuters. No claim to original U.S. Government Works. Plaintiff’s Request for Judicial Notice |10 EXHIBIT C Plaintiff’s Request for Judicial Notice |11 West’s Florida Statutes Annotated Florida Rules of Civil Procedure (Refs & Annos) Fla.R.Civ.P. Rule 1.090 Rule 1.090. Time Currentness (a) Computation. Computation of time shall be governed by Florida Rule of Judicial Administration 2.514. (b) Enlargement. When an act is required or allowed to be done at or within a specified time by order of court, by these rules, or by notice given thereunder, for cause shown the court at any time in its discretion (1) with or without notice, may order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made and notice after the expiration of the specified period, may permit the act to be done when failure to act was the result of excusable neglect, but it may not extend the time for making a motion for new trial, for rehearing, or to alter or amend a judgment; making a motion for relief from a judgment under rule 1.540(b); taking an appeal or filing a petition for certiorari; or making a motion for a directed verdict. (c) Unaffected by Expiration of Term. The period of time provided for the doing of any act or the taking of any proceeding shall not be affected or limited by the continued existence or expiration of a term of court. The continued existence or expiration of a term of court in no way affects the power of a court to do any act or take any proceeding in any action which is or has been pending before it. (d) For Motions. A copy of any written motion which may not be heard ex parte and a copy of the notice of the hearing thereof shall be served a reasonable time before the time specified for the hearing. Credits Amended Oct. 9, 1980, effective Jan. 1, 1981 (391 So.2d 165); July 16, 1992, effective Jan. 1, 1993 (604 So.2d 1110); July 12, 2012, effective Oct. 1, 2012 (95 So.3d 96). Editors’ Notes AUTHORS’ COMMENT--1967 Rule 1.090 is substantially the same as former Rule 1.6, 1954 Rules of Civil Procedure, as amended in 1965, as well as Federal Rule 6. Notes of Decisions (201) Plaintiff’s Request for Judicial Notice |12 West’s F.S.A. RCP Rule 1.090, FL ST RCP Rule 1.090 Current with amendments received through 3/1/2014 End of Document © 2014 Thomson Reuters. No claim to original U.S. Government Works. Plaintiff’s Request for Judicial Notice |13