Preview
Filing # 179198048 E-Filed 08/08/2023 03:42:21 PM
AFFIDAVIT OF SERVICE
State of Florida County of Okeechobee CIRCUIT Court
| Wl | HMI |
Case Number: 2023000181CAAXMX
Plaintiff:
BANK OF AMERICA, N.A. PVTO120861938
vs.
Defendant:
ROBERT HOLLEY A/K/A ROBERT G. HOLLEY Il A/K/A ROBERT HOLLEY Il, ET AL.
For:
ALBERTELL! LAW
5404 CYPRESS CENTER DR
SUITE 300
TAMPA, FL 33609
Received by ProVest LLC on the 2nd day of April, 2023 at 5:00 pm to be served on Diana Padgett, 1902 Sw 2nd Ave, Okeechobee,
FL 34974,
1, Marissa Nail, being duly sworn, depose and say that on the 4th day of April, 2023 at 9:55 am, I:
SUBSTITUTE - RESIDENTIAL served by delivering a true copy of the SUMMONS, CIVIL. CASE MANAGEMENT PLAN AND ORDER,
NOTICE OF LIS PENDENS, VERIFIED MORTGAGE FORECLOSURE COMPLAINT, EXHIBITS with the date and hour of service
endorsed thereon by me, to: ROBERT HOLLEY a/k/a Robert G Holley Il a/k/a Robert G Holley as Boyfriend/Co-Resident at the
address of: 1902 Sw 2nd Ave, Okeechobee, FL 34974, the within named person's usual place of Abode, who resides therein, who is
fifteen (15) years of age or older and informed said person of the contents therein, in compliance with state statutes,
Military Status: Based upon inquiry of parly served, Defendant is not in the military service of the United States of America.
Marital Status: Based upon inquiry of party served, Defendant is not married.
Additional Information pertaining to this Service:
41412023 9:55 am MOBILE HOME STATUS: NO
Description of Person Served: Age: 43, Sex: M, Race/Skin Color: White, Height: 59", Weight: 160, Hair: Light Brown, Glasses: N
| certify that | am over the age of 18, have no interest in the above action, and am a Certified Process Server, in good standing, in the
judicial circuit in which the process was served. Under penalty of perjury, | declare that | have read the foregoing retum of service and
that the facts stated in it are true pursuant to Florida Statute 92.525(2).
SUBSCRIBED AND SWORN to me on the 4th day of
April, 2023 by the affiant who is personally known to me.
Ciwarddee Wit
Marissa Nail
Se NOTARY PUBLIC.
18-01
ProVest LLC
2700 W. Cypress Creek Rd
Notary Public sate of Flood
Suite D-135
nt Fort Lauderdale, FL 33309
16 My Commission (813) 639-8080
AUS Expires 8/2220:
Our Job Serial Number: PVT-0120861938
Ref: 22-002849
opyright @ 1992-2023 DreamBuilt Sofware, inc. - Process Server's Toolbox V8.
Electronically Filed Okeechobee Case # 2023000181CAAXMX 08/08/2023 03:42: 2 IPM
WN Alo 0)
Filing # 168965208 E-Filed 03/17/2023 12: 0:34 PM
4 scam
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT
IN AND FOR OKEECHOBEE COUNTY, FLORIDA
CIVIL ACTION
BANK OF AMERICA, N.A.,
Ph
“t CASE NO, :
DIVISION: 472023CA00013|
ROBERT HOLLEY A/K/A ROBERT G. HOLLEY Il A/K/A RO!
G.HOLLEY,,
ef al,
Defendant(s).
SUMMONS:
PERSONAL SERVICE ON 4 NATURAL PERSON
MILITARY
‘THE STATE OF FLORIDA OnE HOME
‘TO EACH SHERIFF OF THE STATE:
i
CONTINUOUS MARRIAGE
‘YOU ARE COMMANDED to serve this Summons and a copy of the Complaint and Notice of Lis Pendens in this lawsuit upon
the below-named Defendant:
DIANA PADGETT
1902 SW 2nd Ave
Okeechobee, FL 34974
IMPORTANT
A lawsuit hrs been filed against you. You have: (20) calendar
to the stiached Complaint in this Court. A phone call will hot protect you,daysyourafterwritten
this summons is served on you fo file 2 written response
response, inefuded the above case number and
‘amed parties, must be filed if you want the court to hear your ease. If yo u do not file your zesponse on time, a defaultwill be entered
against you, you may lose the case and the Court will grant the relief that Plaintiffhas demanded
requirements. You may want to call an attorney right away, IEyou do not know an attorncy, you inmaythe callComplaint. There are other legal
an attomey referral serviceor a
legel aid office (listed in the phone back)
Ifyou choose to file a written response yourset Af, at the same you file your written response to the Court you must also mail or take a carbon.
copy of photocopy of your written response tothe
PLAINTIFF/PLAINTIFF'S ATTORNEY:
Albertelli Law
serveslew@alberteliilaw.com
Aibertelli Low
P.O. Box 23028
Tampa, FL 33623
(813) 221.4743
eB
DATED on 2023
JERALD D. BRYANT, CLERK | Cle of Cire C
By ‘
Dany Cielk
~22-002849
“*See Attachment for Spanish and French transiation
*See Attachment for Americans with Disabilities Act
PROVEST, INC.
EMAIL ISSUED SUMMONS TO: SERVEALAW@ALBERTELLILAW.COM
wy Electronically Filed Okeechobee Case # 2023000181CAAXMX 03/17/202
3 12:10:34 PM
1802 Sw2n
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT
IN AND FOR INDIAN RIVER, MARTIN, OKEECHOBEE, AND ST. LUCIE COUNTIES
STATE OF FLORIDA
ADMINISTRATIVE
ORDER 2021-05
RE: CIVIL CASE MANAGEMENT AND RESOLUTION
WHEREAS the Florida Supreme Court, in AOSC20-23, Amendment 12, has
directed chief judges to maximize the resolution of cases; and
WHEREAS the chief judge must issue an administrative order applicable to each
county within the Nineteenth Judicial Circuit that takes effect on April 30, 2021; and
WHEREAS the administrative order must require the presiding judge for each civil
case to actively manage civil cases as specified by the Florida Supreme Court in AOSC20-
23, Amendment 12;
THEREFORE, pursuant to the direction of the Florida Supreme Court and the
authority of the chief judge under section 43.26, Florida Statutes, and Florida Rule of
General Practice and Judicial Administration 2.215, it is hereby
ORDERED as follows:
Direction to Maximize the Resolution of Cases
A In accord with Section III.G. of AOSC20-23, Amendment 12, all judges of
the Nineteenth Judicial Circuit are hereby directed to strictly comply with
Florida Rule of General Practice and Judicial Administration 2.545(a), (b),
and (e), which respectively require judges to conclude litigation as soon as
it is reasonably and justly possible to do so, to take charge of all cases at
an early stage and to control the progress of the case thereafter until it is
determined, and to apply a firm continuance policy allowing continuances
only for good cause shown.
Additionally, all attorneys practicing within the Nineteenth Judicial Circuit
are directed to strictly comply with Florida Rule of General Practice and
Judicial Administration 2.545(a), which requires lawyers to conclude
litigation as soon as it is reasonably and justly possible to do so, and that
the pandemic alone is not a basis for a lawyer’s failure to prepare a case
for trial or otherwise actively manage a case.
IL. Applicability
For purposes of the Administrative Order and in accord with AOSC20-23,
Amendment 12, “civil case” means actions to which the Florida Rules of Civil Procedure
apply, as identified in Florida Rule of Civil Procedure 1.010, and actions in which the court
has ordered that the action proceed under one or more of the Florida Rules of Civil
Procedure pursuant to Florida Small Claims Rule 7.020(c) if the deadline for the trial date
specified in Florida Small Claims Rule 7.090(d) no longer applies in the action, but does
not include actions subject to section 51.011, Florida Statutes, post-judgment proceedings,
and writs to which Florida Rule of Civil Procedure 1.630 applies.
Il. Review and Determination of Case: Complex, Streamlined, or General
The presiding judge shall actively manage all civil cases and cause the cases to be
identified and designated as complex, streamlined or general.
A Complex cases are actions that have been or may be designated by court order
as complex under Florida Rule of Civil Procedure 1.201. Upon such
designation, the action shall proceed as provided in the rule.
Unless otherwise determined by the presiding judge, streamlined civil cases
are uncontested cases, cases not entitled to jury trial, or cases where a jury
trial is not demanded. However, all civil cases within the County Court
jurisdiction shall be designated as streamlined cases unless otherwise
determined by the presiding judge.
General cases are all other civil cases.
IV. The Case Management Order in Streamlined and General Cases
For each streamlined or general civil case, the Circuit and County Courts shall
utilize a case management plan and order which shall include, at a minimum:
1 Deadlines for service of complaints, service under extensions, and adding
new parties;
Deadlines to complete fact and expert discovery;
Deadlines for all objections to pleadings and pretrial motions to be resolved;
2
Deadline for mediation to have occurred;
Projected date of trial;
Indicate that deadlines will be strictly enforced by the court; and
Indicate that a firm trial date will be ordered by the presiding judge when the
case is at issue pursuant to Florida Rule of Civil Procedure 1.440, Setting
Action for Trial.
For cases filed before April 30, 2021, the case management order must include
the projected trial date and the deadlines listed above if the event has not already
occurred or has not already been specified by a separate court order.
B. Issuance of Case Management Order
1 The party initiating the civil action shall serve a case management plan and
order! with the summons and complaint. Template case management
plans and orders for service on defendants and other forms shall be made
available on the Clerks of Court websites and the webpages of individual
judges. The case management plan and order must be submitted to the
judge by the plaintiff for final approval no later than thirty days after the last
defendant is served with the complaint.
If the case is subject to dismissal for 1) lack of prosecution pursuant to
Florida Rule of Civil Procedure 1.420(e) or 2) failure to appear at a case
management conference pursuant to Florida Rule of Civil Procedure
1.200(a)&(c), then a case management order must be issued within 30 days
after the Court determining that the case should remain pending.
If the case is subject to a statutory stay or a moratorium that prevents
prosecution of the case, then a case management order shall be issued:
Cases filed on or after April 30, 2021: Within 45 days after the stay
or the moratorium ends or within 30 days after service of the
complaint on the last of all named defendants (whichever date is later);
or
‘A sample case management plan is attached to this Administrative Order as Attachment A. Each judge
may adopt it or use it to create their own individualized order.
3
Cases filed before April 30, 2021: By December 3, 2021, within 45
days after the stay or the moratorium ends or within 30 days after
service of the complaint on the last of all named defendants
(whichever date is later).
4. If the case is not subject to a statutory stay or a moratorium, then a case
management order shall be issued:
a Cases filed on or after April 30, 2021: Within 30 days after service of
complaint on the last of all named defendants; or
b Cases filed before April 30, 2021: By December 3, 2021.
C. Maximum Deadline Periods for Streamlined Cases
Unless otherwise ordered upon good cause having been shown, the following
deadline periods apply to streamlined cases:
Deadlines for service of complaints, service under extensions, and adding
new parties: Service within 120 days of filing of the complaint unless an
extension is granted, which extension shall not exceed 240 days from the
date of filing of the complaint;
Deadlines to complete fact and expert discovery: Within 270 days after the
complaint is filed;
Deadlines for all objections to pleadings and pretrial motions to be resolved:
Within 45 days after filing and prior to the pretrial conference;
Deadline for mediation to have occurred: Within 270 days after the
complaint is filed; and
5 Projected date of trial: Within 12 months of filing of complaint.
Maximum Deadline Periods for General Cases
Unless otherwise ordered upon good cause having been shown, the following
deadline periods apply to general cases:
1 Deadlines for service of complaints, service under extensions, and adding
new parties: Service within 120 days of filing of the complaint unless an
4
extension is granted, which extension shall not exceed 240 days from the
date of filing of the complaint;
Deadlines to complete fact and expert discovery: Within 450 days after the
complaint is filed;
Deadlines for all objections to pleadings and pretrial motions to be resolved:
Within 45 days after filing and prior to the pretrial conference;
4. Deadline for mediation to have occurred: Within 450 days after the
complaint is filed; and
6. Projected date of trial: Within 18 months of filing of the complaint.
V. Effective Date
This Administrative Order shall be effective April 30, 2021.
DONE AND ORDERED this 23" day of April 2021 at Stuart in Martin County,
Florida.
LAWRENCE MIRMAN
CHIEF JUDGE
IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA
CIVIL ACTION
BANK OF AMERICA, N.A., CASE NO.:
Plaintiff,
vs. DIVISION:
ROBERT HOLLEY A/K/A ROBERT G. HOLLEY IT A/K/A ROBERT HOLLEY I; THE UNKNOWN HEIRS
OF JOSEPH FLANAGAN, JR, DECEASED; DIANA PADGETT; UNKNOWN PARTY # 1, UNKNOWN
PARTY #2, UNKNOWN PARTY #3 AND UNKNOWN PARTY #4, THE NAMES BEING FICTITIOUS TO
ACCOUNT FOR PARTIES IN POSSESSION,
Defendant(s).
/
CIVIL CASE MANAGEMENT PLAN AND ORDER
TO BE SUBMITTED TO THE COURT FOR APPROVAL WITHIN 30 DAYS AFTER
DATE OF SERVICE ON THE LAST NAMED DEFENDANT
Pursuant to Florida Rule of General Practice and Judicial Administration 2.250(a)(1)(B)
and Florida Rule of Civil Procedure 1.440, the parties hereby submit the following Case
Management Plan to the Court for approval.
Case Track Assignment (check one): Case disposition times for all case tracks
have been established in accordance with the Florida Rules of General Practice
and Judicial Administration 2.250(a)(1)(B).
yy Streamlined Track (Case resolved within 12 months without a jury trial or
within jurisdiction of County Court.)
oO General Track (Case resolved within 18 months with or without a jury
trial.)
oO Complex Track (Case resolved pursuant to Florida Rule of Civil
Procedure 1.201, with or without a jury trial).
IL. Case Events and Deadlines
Event Maximum Deadline Agreed
Dates
Streamlined General
Service of complaints; Service within 120 Service within 120
under extensions; adding days of filing of the days of filing of the
parties complaint unless an complaint unless an
extension is granted, extension is granted,
which extension shall which extension shall
not exceed 240 days not exceed 240 days
from the date of filing from the date of filing
of the complaint of the complaint
Fact and expert Within 270 days after Within 450 days after
discovery complete complaint is filed complaint is filed
Resolution of all Within 45 days after Within 45 days after
objections to pleadings, filing and prior to the filing and prior to the
pretrial motions pretrial conference pretrial conference
Mediation occurred within 270 days after within 450 days after
the complaint is filed the complaint is filed
(Other events specified
by judge)
Projected Date of Trial (A firm trial date shall be ordered by the presiding
judge when the case is at issue. Fla. R. Civ. P. 1.440.)
Il. Trial Information
Estimated Length of Trial (specify number of trial days)
Identification of Jury or Non-Jury Trial
The schedule of deadlines herein will be strictly adhered to by the parties unless
change is otherwise agreed to by the parties and approved by the court. The court
will consider a request to approve changes to these deadlines upon a showing of good
cause by either party based on matters arising from an emergency nature or
unavailability. However, once the Civil Case Management Plan has been approved by
the court, procrastination in completing discovery or the unavailability of counsel will not
constitute good cause for a change to these deadlines. The failure to abide by these
deadlines may result in sanctions by the court, including the award of attorney’s
fees, the striking of pleadings and/or a dismissal of the action.
IV. Signature of Counsel or Unrepresented Parties
Plaintiff's Counsel Defendant’s Counsel
Address Address
Phone Phone
Plaintiff (if unrepresented by counsel) Defendant (if unrepresented by counsel)
Address Address
Phone Phone
ORDER APPROVING CASE MANAGEMENT PLAN
THE COURT having reviewed the preceding Case Management Plan and finding
it to be satisfactory, it is hereby
ORDERED that the Case Management Plan is approved and all parties shall abide
by the terms herein.
DONE AND ORDERED in. County, Florida on. , 202.
CIRCUIT/COUNTY JUDGE
(Any attachments such as E-docket call form)
Service list: Per Clerk of Court E-Portal Service List
8
Preview
Filing # 179198048 E-Filed 08/08/2023 03:42:21 PM AFFIDAVIT OF SERVICE State of Florida County of Okeechobee CIRCUIT Court | Wl | HMI | Case Number: 2023000181CAAXMX Plaintiff: BANK OF AMERICA, N.A. PVTO120861938 vs. Defendant: ROBERT HOLLEY A/K/A ROBERT G. HOLLEY Il A/K/A ROBERT HOLLEY Il, ET AL. For: ALBERTELL! LAW 5404 CYPRESS CENTER DR SUITE 300 TAMPA, FL 33609 Received by ProVest LLC on the 2nd day of April, 2023 at 5:00 pm to be served on Diana Padgett, 1902 Sw 2nd Ave, Okeechobee, FL 34974, 1, Marissa Nail, being duly sworn, depose and say that on the 4th day of April, 2023 at 9:55 am, I: SUBSTITUTE - RESIDENTIAL served by delivering a true copy of the SUMMONS, CIVIL. CASE MANAGEMENT PLAN AND ORDER, NOTICE OF LIS PENDENS, VERIFIED MORTGAGE FORECLOSURE COMPLAINT, EXHIBITS with the date and hour of service endorsed thereon by me, to: ROBERT HOLLEY a/k/a Robert G Holley Il a/k/a Robert G Holley as Boyfriend/Co-Resident at the address of: 1902 Sw 2nd Ave, Okeechobee, FL 34974, the within named person's usual place of Abode, who resides therein, who is fifteen (15) years of age or older and informed said person of the contents therein, in compliance with state statutes, Military Status: Based upon inquiry of parly served, Defendant is not in the military service of the United States of America. Marital Status: Based upon inquiry of party served, Defendant is not married. Additional Information pertaining to this Service: 41412023 9:55 am MOBILE HOME STATUS: NO Description of Person Served: Age: 43, Sex: M, Race/Skin Color: White, Height: 59", Weight: 160, Hair: Light Brown, Glasses: N | certify that | am over the age of 18, have no interest in the above action, and am a Certified Process Server, in good standing, in the judicial circuit in which the process was served. Under penalty of perjury, | declare that | have read the foregoing retum of service and that the facts stated in it are true pursuant to Florida Statute 92.525(2). SUBSCRIBED AND SWORN to me on the 4th day of April, 2023 by the affiant who is personally known to me. Ciwarddee Wit Marissa Nail Se NOTARY PUBLIC. 18-01 ProVest LLC 2700 W. Cypress Creek Rd Notary Public sate of Flood Suite D-135 nt Fort Lauderdale, FL 33309 16 My Commission (813) 639-8080 AUS Expires 8/2220: Our Job Serial Number: PVT-0120861938 Ref: 22-002849 opyright @ 1992-2023 DreamBuilt Sofware, inc. - Process Server's Toolbox V8. Electronically Filed Okeechobee Case # 2023000181CAAXMX 08/08/2023 03:42: 2 IPM WN Alo 0) Filing # 168965208 E-Filed 03/17/2023 12: 0:34 PM 4 scam IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CIVIL ACTION BANK OF AMERICA, N.A., Ph “t CASE NO, : DIVISION: 472023CA00013| ROBERT HOLLEY A/K/A ROBERT G. HOLLEY Il A/K/A RO! G.HOLLEY,, ef al, Defendant(s). SUMMONS: PERSONAL SERVICE ON 4 NATURAL PERSON MILITARY ‘THE STATE OF FLORIDA OnE HOME ‘TO EACH SHERIFF OF THE STATE: i CONTINUOUS MARRIAGE ‘YOU ARE COMMANDED to serve this Summons and a copy of the Complaint and Notice of Lis Pendens in this lawsuit upon the below-named Defendant: DIANA PADGETT 1902 SW 2nd Ave Okeechobee, FL 34974 IMPORTANT A lawsuit hrs been filed against you. You have: (20) calendar to the stiached Complaint in this Court. A phone call will hot protect you,daysyourafterwritten this summons is served on you fo file 2 written response response, inefuded the above case number and ‘amed parties, must be filed if you want the court to hear your ease. If yo u do not file your zesponse on time, a defaultwill be entered against you, you may lose the case and the Court will grant the relief that Plaintiffhas demanded requirements. You may want to call an attorney right away, IEyou do not know an attorncy, you inmaythe callComplaint. There are other legal an attomey referral serviceor a legel aid office (listed in the phone back) Ifyou choose to file a written response yourset Af, at the same you file your written response to the Court you must also mail or take a carbon. copy of photocopy of your written response tothe PLAINTIFF/PLAINTIFF'S ATTORNEY: Albertelli Law serveslew@alberteliilaw.com Aibertelli Low P.O. Box 23028 Tampa, FL 33623 (813) 221.4743 eB DATED on 2023 JERALD D. BRYANT, CLERK | Cle of Cire C By ‘ Dany Cielk ~22-002849 “*See Attachment for Spanish and French transiation *See Attachment for Americans with Disabilities Act PROVEST, INC. EMAIL ISSUED SUMMONS TO: SERVEALAW@ALBERTELLILAW.COM wy Electronically Filed Okeechobee Case # 2023000181CAAXMX 03/17/202 3 12:10:34 PM 1802 Sw2n IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER, MARTIN, OKEECHOBEE, AND ST. LUCIE COUNTIES STATE OF FLORIDA ADMINISTRATIVE ORDER 2021-05 RE: CIVIL CASE MANAGEMENT AND RESOLUTION WHEREAS the Florida Supreme Court, in AOSC20-23, Amendment 12, has directed chief judges to maximize the resolution of cases; and WHEREAS the chief judge must issue an administrative order applicable to each county within the Nineteenth Judicial Circuit that takes effect on April 30, 2021; and WHEREAS the administrative order must require the presiding judge for each civil case to actively manage civil cases as specified by the Florida Supreme Court in AOSC20- 23, Amendment 12; THEREFORE, pursuant to the direction of the Florida Supreme Court and the authority of the chief judge under section 43.26, Florida Statutes, and Florida Rule of General Practice and Judicial Administration 2.215, it is hereby ORDERED as follows: Direction to Maximize the Resolution of Cases A In accord with Section III.G. of AOSC20-23, Amendment 12, all judges of the Nineteenth Judicial Circuit are hereby directed to strictly comply with Florida Rule of General Practice and Judicial Administration 2.545(a), (b), and (e), which respectively require judges to conclude litigation as soon as it is reasonably and justly possible to do so, to take charge of all cases at an early stage and to control the progress of the case thereafter until it is determined, and to apply a firm continuance policy allowing continuances only for good cause shown. Additionally, all attorneys practicing within the Nineteenth Judicial Circuit are directed to strictly comply with Florida Rule of General Practice and Judicial Administration 2.545(a), which requires lawyers to conclude litigation as soon as it is reasonably and justly possible to do so, and that the pandemic alone is not a basis for a lawyer’s failure to prepare a case for trial or otherwise actively manage a case. IL. Applicability For purposes of the Administrative Order and in accord with AOSC20-23, Amendment 12, “civil case” means actions to which the Florida Rules of Civil Procedure apply, as identified in Florida Rule of Civil Procedure 1.010, and actions in which the court has ordered that the action proceed under one or more of the Florida Rules of Civil Procedure pursuant to Florida Small Claims Rule 7.020(c) if the deadline for the trial date specified in Florida Small Claims Rule 7.090(d) no longer applies in the action, but does not include actions subject to section 51.011, Florida Statutes, post-judgment proceedings, and writs to which Florida Rule of Civil Procedure 1.630 applies. Il. Review and Determination of Case: Complex, Streamlined, or General The presiding judge shall actively manage all civil cases and cause the cases to be identified and designated as complex, streamlined or general. A Complex cases are actions that have been or may be designated by court order as complex under Florida Rule of Civil Procedure 1.201. Upon such designation, the action shall proceed as provided in the rule. Unless otherwise determined by the presiding judge, streamlined civil cases are uncontested cases, cases not entitled to jury trial, or cases where a jury trial is not demanded. However, all civil cases within the County Court jurisdiction shall be designated as streamlined cases unless otherwise determined by the presiding judge. General cases are all other civil cases. IV. The Case Management Order in Streamlined and General Cases For each streamlined or general civil case, the Circuit and County Courts shall utilize a case management plan and order which shall include, at a minimum: 1 Deadlines for service of complaints, service under extensions, and adding new parties; Deadlines to complete fact and expert discovery; Deadlines for all objections to pleadings and pretrial motions to be resolved; 2 Deadline for mediation to have occurred; Projected date of trial; Indicate that deadlines will be strictly enforced by the court; and Indicate that a firm trial date will be ordered by the presiding judge when the case is at issue pursuant to Florida Rule of Civil Procedure 1.440, Setting Action for Trial. For cases filed before April 30, 2021, the case management order must include the projected trial date and the deadlines listed above if the event has not already occurred or has not already been specified by a separate court order. B. Issuance of Case Management Order 1 The party initiating the civil action shall serve a case management plan and order! with the summons and complaint. Template case management plans and orders for service on defendants and other forms shall be made available on the Clerks of Court websites and the webpages of individual judges. The case management plan and order must be submitted to the judge by the plaintiff for final approval no later than thirty days after the last defendant is served with the complaint. If the case is subject to dismissal for 1) lack of prosecution pursuant to Florida Rule of Civil Procedure 1.420(e) or 2) failure to appear at a case management conference pursuant to Florida Rule of Civil Procedure 1.200(a)&(c), then a case management order must be issued within 30 days after the Court determining that the case should remain pending. If the case is subject to a statutory stay or a moratorium that prevents prosecution of the case, then a case management order shall be issued: Cases filed on or after April 30, 2021: Within 45 days after the stay or the moratorium ends or within 30 days after service of the complaint on the last of all named defendants (whichever date is later); or ‘A sample case management plan is attached to this Administrative Order as Attachment A. Each judge may adopt it or use it to create their own individualized order. 3 Cases filed before April 30, 2021: By December 3, 2021, within 45 days after the stay or the moratorium ends or within 30 days after service of the complaint on the last of all named defendants (whichever date is later). 4. If the case is not subject to a statutory stay or a moratorium, then a case management order shall be issued: a Cases filed on or after April 30, 2021: Within 30 days after service of complaint on the last of all named defendants; or b Cases filed before April 30, 2021: By December 3, 2021. C. Maximum Deadline Periods for Streamlined Cases Unless otherwise ordered upon good cause having been shown, the following deadline periods apply to streamlined cases: Deadlines for service of complaints, service under extensions, and adding new parties: Service within 120 days of filing of the complaint unless an extension is granted, which extension shall not exceed 240 days from the date of filing of the complaint; Deadlines to complete fact and expert discovery: Within 270 days after the complaint is filed; Deadlines for all objections to pleadings and pretrial motions to be resolved: Within 45 days after filing and prior to the pretrial conference; Deadline for mediation to have occurred: Within 270 days after the complaint is filed; and 5 Projected date of trial: Within 12 months of filing of complaint. Maximum Deadline Periods for General Cases Unless otherwise ordered upon good cause having been shown, the following deadline periods apply to general cases: 1 Deadlines for service of complaints, service under extensions, and adding new parties: Service within 120 days of filing of the complaint unless an 4 extension is granted, which extension shall not exceed 240 days from the date of filing of the complaint; Deadlines to complete fact and expert discovery: Within 450 days after the complaint is filed; Deadlines for all objections to pleadings and pretrial motions to be resolved: Within 45 days after filing and prior to the pretrial conference; 4. Deadline for mediation to have occurred: Within 450 days after the complaint is filed; and 6. Projected date of trial: Within 18 months of filing of the complaint. V. Effective Date This Administrative Order shall be effective April 30, 2021. DONE AND ORDERED this 23" day of April 2021 at Stuart in Martin County, Florida. LAWRENCE MIRMAN CHIEF JUDGE IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CIVIL ACTION BANK OF AMERICA, N.A., CASE NO.: Plaintiff, vs. DIVISION: ROBERT HOLLEY A/K/A ROBERT G. HOLLEY IT A/K/A ROBERT HOLLEY I; THE UNKNOWN HEIRS OF JOSEPH FLANAGAN, JR, DECEASED; DIANA PADGETT; UNKNOWN PARTY # 1, UNKNOWN PARTY #2, UNKNOWN PARTY #3 AND UNKNOWN PARTY #4, THE NAMES BEING FICTITIOUS TO ACCOUNT FOR PARTIES IN POSSESSION, Defendant(s). / CIVIL CASE MANAGEMENT PLAN AND ORDER TO BE SUBMITTED TO THE COURT FOR APPROVAL WITHIN 30 DAYS AFTER DATE OF SERVICE ON THE LAST NAMED DEFENDANT Pursuant to Florida Rule of General Practice and Judicial Administration 2.250(a)(1)(B) and Florida Rule of Civil Procedure 1.440, the parties hereby submit the following Case Management Plan to the Court for approval. Case Track Assignment (check one): Case disposition times for all case tracks have been established in accordance with the Florida Rules of General Practice and Judicial Administration 2.250(a)(1)(B). yy Streamlined Track (Case resolved within 12 months without a jury trial or within jurisdiction of County Court.) oO General Track (Case resolved within 18 months with or without a jury trial.) oO Complex Track (Case resolved pursuant to Florida Rule of Civil Procedure 1.201, with or without a jury trial). IL. Case Events and Deadlines Event Maximum Deadline Agreed Dates Streamlined General Service of complaints; Service within 120 Service within 120 under extensions; adding days of filing of the days of filing of the parties complaint unless an complaint unless an extension is granted, extension is granted, which extension shall which extension shall not exceed 240 days not exceed 240 days from the date of filing from the date of filing of the complaint of the complaint Fact and expert Within 270 days after Within 450 days after discovery complete complaint is filed complaint is filed Resolution of all Within 45 days after Within 45 days after objections to pleadings, filing and prior to the filing and prior to the pretrial motions pretrial conference pretrial conference Mediation occurred within 270 days after within 450 days after the complaint is filed the complaint is filed (Other events specified by judge) Projected Date of Trial (A firm trial date shall be ordered by the presiding judge when the case is at issue. Fla. R. Civ. P. 1.440.) Il. Trial Information Estimated Length of Trial (specify number of trial days) Identification of Jury or Non-Jury Trial The schedule of deadlines herein will be strictly adhered to by the parties unless change is otherwise agreed to by the parties and approved by the court. The court will consider a request to approve changes to these deadlines upon a showing of good cause by either party based on matters arising from an emergency nature or unavailability. However, once the Civil Case Management Plan has been approved by the court, procrastination in completing discovery or the unavailability of counsel will not constitute good cause for a change to these deadlines. The failure to abide by these deadlines may result in sanctions by the court, including the award of attorney’s fees, the striking of pleadings and/or a dismissal of the action. IV. Signature of Counsel or Unrepresented Parties Plaintiff's Counsel Defendant’s Counsel Address Address Phone Phone Plaintiff (if unrepresented by counsel) Defendant (if unrepresented by counsel) Address Address Phone Phone ORDER APPROVING CASE MANAGEMENT PLAN THE COURT having reviewed the preceding Case Management Plan and finding it to be satisfactory, it is hereby ORDERED that the Case Management Plan is approved and all parties shall abide by the terms herein. DONE AND ORDERED in. County, Florida on. , 202. CIRCUIT/COUNTY JUDGE (Any attachments such as E-docket call form) Service list: Per Clerk of Court E-Portal Service List 8