In the Circuit Court of the First Judicial Circuit
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IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT, IN AND FOR OKALOOSA COUNTY, FLORIDA
______,
Plaintiff(s), Case No.: ______and
______,
Defendant(s). ______/
GENERAL MAGISTRATE’S REPORT AND RECOMMENDATION ON MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE
THIS CAUSE came before the undersigned General Magistrate on ______on a Motion for Summary Final Judgment of Foreclosure filed on ______. The hearing was electronically recorded by the Magistrate. An Order of Referral was previously served on each party without objection. The Court has considered the testimony and argument presented and makes the following findings and recommendations to the Circuit Court, pursuant to its Order of Referral:
1. The Court has jurisdiction of the subject matter and the parties.
2. Plaintiff has standing to bring this action.
3. All Defendants were properly served and noticed.
4. Plaintiff has produced and filed the original Note upon which this action is brought or the note has been successfully reestablished.
5. The General Magistrate has received examined the affidavits and stipulations filed herein and finds the Plaintiff is entitled to the entry of a Final Summary Judgment of Foreclosure containing the terms and provisions found in the proposed Final Judgment of Foreclosure attached to this Report as Exhibit “A” with a sale date of ______.
6. The General Magistrate recommends the Circuit Judge enter an order adopting this Report and enter the proposed Final Judgment attached as Exhibit “A” with appropriate sale date.
7. Jurisdiction of the action is retained to enter further orders that are proper including, without limitation, a deficiency judgment. The General Magistrate should address such issues under the previously entered Order of Referral to General Magistrate. 8. The parties (did / did not) waive the right to receive and file exceptions to this Report.
DONE and RECOMMENDED in Chambers at the Okaloosa County Courthouse Extension, Fort Walton Beach, Florida.
______THOMAS R. NIXON General Magistrate
IF YOU WISH TO SEEK REVIEW OF THE REPORT AND RECOMMENDATIONS MADE BY THE MAGISTRATE, YOU MUST FILE EXCEPTIONS IN ACCORDANCE WITH FLORIDA RULE OF CIVIL PROCEDURE 1.490(i). YOU WILL BE REQUIRED TO PROVIDE THE COURT WITH A RECORD SUFFICIENT TO SUPPORT YOUR EXCEPTIONS OR YOUR EXCEPTIONS WILL BE DENIED. A RECORD ORDINARILY INCLUDES A WRITTEN TRANSCRIPT OF ALL RELEVANT PROCEEDINGS. THE PERSON SEEKING REVIEW MUST HAVE THE TRANSCRIPT PREPARED IF NECESSARY FOR THE COURT'S REVIEW.
CERTIFICATE OF SERVICE (include if no waiver)
The undersigned hereby certifies that he/she delivered a true and correct copy of the foregoing via email to those listed herein on the e-service distribution list. The Plaintiff is responsible for distribution of the order to any party who is not on the e-service distribution list.”
Address list here
______Magistrate’s Assistant
The next page you would attach a COPY of FJ labeled “Exhibit A” and delete this note