Hollywood, FL asked in Civil Litigation for Florida

Q: Does a MOTION FOR DEFAULT start at the end of business on the 20th Day? Please let me know if you have until the

end of the business day on the 20th day after the complaint was served. I know this does not matter, I had a power outage as a result of hurricane Eta. Do the 20 days include calendar days or are the 20 days counted as Monday thru Friday? Or do they include weekends? If I lose the matter because I did not reply before the 20-day timeline—do I have any other options?

Thank you,

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Florida Civil Rule 1.090 provides, in pertinent part, as follows:

"(a) Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.

(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 ... ".

Thus if the motion was due this past weekend, you have until close of business today to file something. And, in any event, you would be able to file a motion for "enlargement of time", pursuant to sub-rule (b), arguing "excusable neglect".

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