One of the issues we’ve been hammering about for some time is the fact that virtually every affidavit submitted in support of summary judgment of foreclosure in Florida does not comply with the Florida Rules of Civil Procedure.
Specifically, I’ve virtually never seen an affidavit that complies with the rule that requires that sworn or certified copies of the books and records referred to in the affidavit be attached.
(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. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or by further affidavits.
FLORIDA RULES OF CIVIL PROCEDURE
That’s what makes the following memo so earth shattering…..my only question is….now that one circuit has issued such a motion, will the other circuits follow? This really is an amazing development and is yet another powerful sign that our judges are listening to us and that the environment is changing for the good of us all!
