Jose L. Fernandez — Circuit Probate PMH 06

Jose L. Fernandez

• Division: Circuit Probate
• Section: PMH 06
• Court Location: Osvaldo N. Soto Miami-Dade Justice Center
• Phone: (305) 349-6108
• Room: OSJC 18.253
• Judicial Assistant: Jessica Rosario

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Jessica Rosario, JA (jrosario@jud11.flcourts.org)
Edwin Garcia, Bailiff (egarcia@jud11.flcourts.org)

DIVISION PROCEDURES

ADMINISTRATIVE ORDER 22-02.

AO 22-02 requires the inclusion of docket/index identifiers in orders and notices of hearing.

Keep in mind that AO 22-02 authorizes the rejection of any proposed order or notice of hearing that does not comply with its directives, including the improper placement of the docket/index identifier.

Submissions that are rejected for non-compliance with AO 22-02 are not checked for compliance with any other requirements of the applicable checklist.

SCHEDULING HEARINGS

Division PMH06 does not have a Motion Calendar; all hearings are scheduled via the Special Set folder. The motion must be filed before selecting a hearing date and time.

ALL MOTIONS requiring up to 60 minutes shall be heard by Zoom and only on morning calendars. Attorneys shall select the earliest available time slot for the length of their hearing.

For hearings that require more than 60 minutes, the movant shall comply with the following:

- File the motion before requesting a hearing,
- Fill out a special set request form,
- Email the form to Judicial Assistant Jessica Rosario,
- Copy all parties on the email to chambers,
- Coordinate a date and time with all counsel and chambers.

There must be a good faith effort to coordinate dates and times for any hearing that involves multiple or opposing counsel. After 2 good faith attempts to coordinate hearing dates and times with other counsel, a motion to compel may be filed with the Court.

The moving party MUST coordinate the date/time with opposing counsel based on the Court's availability, which is found on courtMAP

At least 30 days’ notice is required unless all counsel agree to, and the Court’s Judicial Assistant approves, a sooner date. The Court will presume that any request in the Special Set Requests queue is in compliance with this section.

The Court reserves the right to schedule motions over the objection of any party, or in emergency situations

All evidentiary hearings, and bench trials will be conducted in-person. The Court does not conduct hybrid hearings.

All jury trials will be conducted in-person.

When parties agree to change the hearing type, the parties shall comply with the foregoing procedures for motions and hearings.

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CASE MANAGER QUEUE

Most proposed orders with required supporting documents should be submitted under this tab.  The case manager will review your submission for accuracy and legal sufficiency, and either reject your submission if it fails review or forward it to the judge for signature.

YOUR SUBMISSION MUST COMPLY WITH AO 22-02

If the matter has been heard by the Court, include the words “Post Hearing” in the title of your proposed order. Post hearing orders requested by the Court should be circulated to opposing counsel and submitted to the Court for signature within 72 hours of the hearing.


AGREED ORDERS

Agreed orders are those resulting from adverse parties coming to a concurrence about a particular issue.  Only submit agreed orders meeting this definition under the Agreed Order tab. “Agreed” does not mean that all parties on one side of an issue have concurred.  An example would be when all beneficiaries agree to a particular matter.  Even when that occurs, your proposed order must be submitted under the case manager tab for case manager review. 

Your petitions and supporting documents must be filed and appear on the docket prior to submitting any proposed orders. You must either set the matter for hearing, if need be, or submit your petitions, supporting documents and proposed orders via courtMap.

Do not e-file unsigned proposed orders.
Cover letters indicating what is being filed are not necessary.

ORDERS TO PROGRESS

When a case manager advises the Court and the Court agrees, or if the Court finds, that a case is not progressing, an Order to Progress (OTP) will be entered. The Court interprets the phrase “affirmative action” in an OTP to mean substantial and material progress not mere record activity.

Prior to the expiration of the period granted in the OTP, counsel may respond to explain the reasons for the inactivity and request an extension or for the case to be placed on inactive status. The motion for extension must be submitted in courtMap with a proposed order. The Court is not advised that a motion for extension is filed unless it is submitted on courtMap with a proposed order. An extension will be granted if good cause is established. The length of the extension requested must be reasonable and supported by the good cause.

"The letters of administration grant 12/24 months to close the estate” is NOT good cause.

The Court may deny the request for extension, grant the extension requested or deny the extension and place the case on inactive status.

ZOOM HEARINGS

The Court is not responsible for assisting with or providing access to a hearing.
Proper courtroom decorum and procedure is required during Zoom hearings.

Unless otherwise allowed by the Court, every person appearing on or participating in a Zoom hearing must have their camera turned on and their microphones muted except for counsel involved. Participants must me seated in and avoid any distracting activity, including but limited to, speaking to people on or off screen, moving the device being used, nodding or shaking their head in agreement or disagreement, and all other histrionics.

The Court reserves the right to remove anyone from a Zoom hearing for the above reasons or any other inappropriate behavior.

• Special Set Request Form

Bachelor of Science, University of Miami, 1986

JD, University of Miami School of Law, 1989

Admitted to Florida Bar, 1989

County Court Judge, 2007

Circuit Court Judge, 2010 

Assistant State Attorney, Miami-Dade State Attorney's Office, 1989-1994

Partner, Essen Essen Susaneck Canet & Fernandez, 1994-2002

Private Practice, Criminal Defense, 2002-2007

Judge	Section	Room	Telephone
Colodny, Yvonne	PMH 05	OSJC 17.230	305-349-7117

Additional Instructions

The Emergency Petition/Motion must be e-filed and appear on the Clerk of Court’s docket prior to uploading to courtMAP. The Petition/Motion must contain a certification that the matter is a true emergency and cannot wait to be heard during a motion calendar. 
Emergency Petition/Motion MUST contain a statement indicating that opposing counsel has been notified in an attempt to resolve the matter in an amicable manner. 

Go to courtMAP Additional Instructions

E-file a Notice of Trial. Once the notice is on the docket, submit a copy via e-mail to jrosario@jud11.flcourts.org, insuring that all interested parties are copied on the email.

Go to courtMAP Additional Instructions

ADMINISTRATIVE ORDER 22-02.

Please read the Order. The required information goes at the very top of the order and under the title of the order. The required information does not go in the body of the order. There are two ways to comply with AO 22-02. Either one is sufficient. 1) Typing the docket entry number, e.g., DE 40, or 2) Typing the e-filing information, i.e., the e-filing number, the date filed, and the name of the motion.

AO 22-02 requires the inclusion of the docket/index number in orders and notices of hearing.

AO 22-02 authorizes the rejection of any proposed order or notice of hearing that does not comply with its directives, including the improper placement of the docket/index identifier.

Submissions that are rejected for non-compliance with AO 22-02 are not checked for compliance with any other requirements including the applicable checklist. After correcting the issue, you must resubmit the order or notice on courtMAP and the Court will review the submission.

CHECKLISTS

Checklists are mandatory not optional. Setting a matter for hearing on an issue that otherwise requires a checklist will not relieve counsel of the duty to file the appropriate checklist.

Please read the instructions at the top of the checklist. Docket entry numbers go on the line provided before the required filing.

Submissions that are rejected for failure to file a checklist are not checked for compliance with any other requirements of the applicable checklist.

Do not e-file unsigned proposed orders.

If the matter has been heard by the court, include the words “Post Hearing” in the title of your proposed order. That signals to the case manager that the Court has considered and ruled upon any issues during the hearing.

Generally, agreed orders are those resulting from adverse parties coming to a concurrence about a particular issue.  “Agreed” does not mean that your client or non-adversary parties have concurred.  An example would be when all beneficiaries agree to a particular matter.  Non-adversary proposed orders must be submitted under the proposed order tab for case manager review.  Only submit agreed orders meeting this definition under the Agreed Order tab.

Your petitions and supporting documents must be filed and appear on the docket prior to submitting any proposed orders.  You must either set the matter for hearing if one is required, or submit your petitions, supporting documents and proposed orders via courtMap.

The Court is NOT alerted to the filing of a motion unless a proposed order is submitted on courtMAP. For example, if you receive an order to progress and you file a motion for extension, the Court will not see your motion for extension unless a proposed order is submitted on courtMAP.

Procedures for Service of Motions to Disqualify on the Judiciary-Administrative Memorandum

https://www.jud11.flcourts.org/docs/Administrative%20Memorandum%20_Service%20of%20MTD%20on%20Judges%20-%2010-14-2021.pdf

Go to courtMAP Additional Instructions

-The moving party MUST coordinate the date/time with opposing counsel based on the Court's availability, which is found on courtMAP. Please ensure that the Petition/Motion to be heard at the Special Appointment Hearing has been e-filed and appears on the Clerk of Court's docket.   
-Specially set hearings are NOT scheduled until they are approved by the Court.  If the submission is rejected, the moving party will receive a rejection notice which will detail the reason for the rejection (this rejection will also appear in the submitter's workbench/rejected folder). Once the Court has approved the submission, the parties will receive an email from courtMAP.  A notice of hearing will be e-filed and served on the parties via courtMap.  
-Submit Petitions/Motions, case law and Proposed Orders for review within 48 hours of setting hearing.  When submitting your proposed order, the title of the order must be typed in the title box provided by courtMAP,
-ADD-ON Petitions/Motions to special set hearings are not permitted without leave of Court.
If you are submitting a proposed order after a hearing, you must submit a cover letter that includes the hearing details and the Court's oral ruling. 

SPECIAL SET HEARINGS ARE LIMITED TO 60 MINUTES. 
-If you are attempting to schedule a hearing for more than 60 minutes, you must e-mail the Special Set form to chambers at jrosario@jud11.flcourts.org, insuring all interested parties are copied on the email.  

SUBMITTING RESPONSIVE PLEADINGS: Parties wishing to submit a response to a matter set on the Special Appointment Calendar must e-file the response with the Clerk of Court’s and submit the response via courtMAP under "Special Appointment" case number and hearing date, 10 days prior to the hearing date.

TO CONFIRM A SPECIAL SET HEARING: Moving parties may check the workbench/approved folder via courtMAP.  All parties may confirm hearings by inputting the case number under calendar, select events by case number, and clicking on the magnifying glass.  A list of all upcoming hearings on the case searched will appear.  Hearings that appear in green or "ready" are confirmed.  Hearings that appear in gray or "cancelled" are not set.   

SPECIAL SET HEARING CANCELLATIONS: If you need to cancel a special set hearing, the movant cancelling a hearing must confer with, opposing counsel, if any. If there is no objection, the movant shall e-file a Notice of Cancellation and email a copy to chambers at jrosario@jud11.flcourts.org and egarcia@jud11.flcourts.org to inform the Court of the cancellation. If there is an objection to cancellation, the Court will decide whether to cancel based on written submissions only. The Court reserves the right to schedule the objection for hearing.

Go to courtMAP

Documents and forms this judge posts

• Special Set Request Form