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You are here: Judicial Directory > Tracy Sheehan > Procedures/Preferences

Procedures/Preferences

Proposed Orders
Proposed Orders should be submitted to the Court directly, either by hard copy or email to the JA @
decroitf@fljud13.org, not through JAWS.

This Division (Div. “T”), which includes circuit civil, probate and family law cases, is extremely busy.  For this reason, scheduling procedures may be somewhat different from other courts and/or divisions.  For detailed information on scheduling hearing times and trial dates please see the “Schedule” tab to the left.
 
Please carefully review the information on this web site before calling the Judicial Assistant to request time on the court’s docket.

Important Information If You Don’t Have a Lawyer
In cases where both parties do not have lawyers (ProSe matters), court dates are scheduled only through Case Manager Jennifer Wolfgang, not the Judge’s office.  All questions about these cases, or requests for hearing times, should be directed to Mrs. Wolfgang at 813-272-6189.  The information included on the tabs to the left regarding hearing times, trial dates and uncontested divorce finalizations does not pertain to ProSe matters.

Emergency Motions
1. No party or attorney should file an emergency motion without first studying
Smith v. Crider, 932 So.2d 393 (2d DCA April 7, 2006).  The court understands that parties involved in litigation are often under considerable emotional strain and genuinely believe many situations confronting them are emergencies.  However, the court expects attorneys to exercise independent professional judgment, respect the seriousness of emergency procedures, and refrain from filing frivolous emergency requests even if instructed to do so by a client. 
2. File the original motion with the Clerk of Circuit Court, 301 N. Michigan Ave., Plant City, Florida.  Do not deliver a copy to the judge. 
3. The Clerk will bring the court file and the docketed motion to the Judge’s chambers for review.
4. The judicial assistant will call, fax or mail a copy of the Judge’s decision regarding the emergency status of the motion to both parties.

Uncontested Divorce Finalizations – Option To Waive Final Hearing
Where both parties are represented by separate counsel and have agreed to a final judgment, the case may be finalized by mail.  A hearing is generally not required where both parties are represented by separate counsel and there are no disagreements of any kind.  This procedure is not available where one of the parties is representing himself or herself or where one attorney is representing both parties.  To finalize a divorce by mail a hearing is not generally required if the following procedure is followed: 


Required Steps:

1. To use this procedure each spouse must have his and her own separate attorney.
2. In addition to the standard documentation required to finalize a dissolution of marriage case, both the Petitioner and the Respondent must complete an affidavit requesting entry of judgment without hearing in the exact form indicated in this web site with no additions, subtractions or deletions.  Please see the “Forms” tab to the left for copies of
“Petitioner’s Affidavit Requesting Entry of Judgment Without Hearing” and
“Respondent’s Affidavit Requesting Entry of Judgment Without Hearing.”
3. Print, review and sign the “Final Judgment Checklist” and assemble the required documentation.   Please see the “Forms” tab to the left for a copy of the “Final Judgment Checklist.”
4. Once all of the required documentation is completed, the attorney for the Petitioner shall mail the following items to the court (not the clerk):
_____Cover letter requesting the entry of a final judgment without a hearing;
_____Final Judgment Checklist;
_____Petitioner’s Affidavit Requesting Entry of Judgment Without Hearing;
_____Respondent’s Affidavit Requesting Entry of Judgment Without Hearing;
_____An original Final Judgment and necessary copies for conforming;
_____Final Disposition sheet, and;
_____Stamped envelopes addressed to each party. 
5. The Judicial Assistant will hold the packet for a period of five (5) business days to allow for any objections.  Failure to timely object shall result in wavier of the objection.
6. The court will review the parties’ submissions and either enter the Proposed Final Judgment or notify the parties that a Final Hearing is required.  If the Final Judgment is entered, conformed copies will be mailed to each party in the self- addressed stamped envelopes they provided and the case will be closed.  The court reserves the right to reject any proposed Final Judgment and to require a Final Hearing.  If this happens the parties shall not be divorced, and the file shall remain open just as any other case.
7. If a Final Hearing is required the attorneys shall set it on the court’s Open Docket. The court generally has Open Docket time available each month.  Attorneys must set Open Docket hearings themselves through the Judicial Automated Workflow System (”JAWS”) and order the court files from the Clerk’s Office.  See the “Schedule” tab to the left for more information on setting an Open Docket hearing to finalize an uncontested divorce.

Telephonic Hearings
To request a telephonic appearance for a scheduled hearing please send in a Motion and Order. The forms can be found on the forms link on the left. You may email the Motion and Order to decroitf@fljud13.org for faster service.