Spencer Multack — Circuit Family FC 28

Spencer Multack

• Division: Circuit Family
• Section: FC 28
• Court Location: Lawson E. Thomas Courthouse
• Phone: (305) 349-5744
• Email: 11thFC28@jud11.flcourts.org
• Room: CHC 2314
• Judicial Assistant: Yarleen Zarate
• Bailiff: Aaron Pacheco

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It is important that all attorneys and self-represented litigants sign up for an account at the Florida Courts E-Filing Portal at https://www.myflcourtaccess.com/ for filing pleadings or motions with the clerk and sign up for courtMAP at https://www.jud11.flcourts.org/Programs-and-Services/Online-Services/courtmap for submitting proposed orders to your assigned Judge.

The judges will be using the Zoom platform for many hearings.  It is free. 

If you are unfamiliar with the Zoom platform, please go to the Zoom training page website to learn how to access the platform for use.  

Zoom training page: https://support.zoom.us/hc/en-us/articles/206618765-Zoom-Video-Tutorials

Zoom Live Training page: https://support.zoom.us/hc/en-us/articles/360029527911

We ask you to assist us by learning how to utilize Zoom and your patience with us as we learn along with you.  We are committed to the continued delivery of justice in the face of this pandemic.

Please refer to the drop-down boxes to the right of the screen for clear instructions on how to proceed for specific types of calendars.

• Affidavit of Custodian of Records
• Financial Affidavit Short Form
• Request for Hearing
• Blank Parenting Plan
• Financial Affidavit Long Form
• ORDER GRANTING MOTION TO WITHDRAW (DIV 39)
• INTRODUCING EVIDENCE VIA ZOOM (ADMIN MEMO)
• DIVISION 28 PROCEDURES
• DIVISION 28 PROCEDURES ESPANOL

Judge	Section	Room	Telephone
Bandin, Christine	FC 18	CHC 2926	305-349-5753
Diaz, Veronica	FC 19	CHC 2214	305-349-5723
DiRaimondo, Christina Marie	FC 33	CHC 2826	305-349-6240
Fernandez-Karavetsos, Marlene	FC 17	CHC 2222	305-349-5729

Judge Multack has been serving as a judge since 2011. He is a Miami native and honored to serve his community. 

Additional Instructions

The Court schedules all evidentiary hearings in person. The Court may consider converting a scheduled in person hearing to zoom.

1.  The moving party must file a Motion indicating the reason for converting the hearing to zoom and whether all parties are in agreement.

2.  The moving party must upload onto courtMAP the Order.

3.  The moving party must email a copy of the filed Motion and the Order to the J.A. at 11thFC28@jud11.flcourts.org and CC all parties involved.

This request must be made at least 72 hours, unless in the case of an emergency, prior to the scheduled hearing. Requests within 72 hours of the scheduled hearing may be denied.

Additional Instructions

Emergency Motions must be filed and then uploaded VIA THE EMERGENCY OPTION on courtMAP and must contain a statement indicating that opposing counsel has been notified in an attempt to resolve the matter in an amicable manner.

If you are submitting an Emergency Motion:

1. Your filed motion must contain a certification that the matter is a true Emergency and cannot wait to be heard at the next available setting. 

2. You must be prepared to appear before the Court within one (1) hour of submission of the filed Emergency Motion to the Court. 

3. Call chambers to confirm receipt.

Once the filed Emergency Motion has been reviewed by the Court, the parties will receive: an email from courtMAP with instructions, a notification from courtMAP that a hearing has been set or a Court Order.

See VERIFIED EMERGENCY MOTION FORM located under the Documents Tab.

See VERIFIED EMERGENCY MOTION AFFIDAVIT IN SUPPORT FORM located under the Documents Tab.

Motions for Judicial Disqualification must be uploaded via the emergency option on courtMAP. 

Motion Calendar Information

Type: Closed

Notice Before Hearing: 7 Calendar Days

Files at Hearing: None

Day	Time	Cap	From	To
Wednesday	8:45 AM	25	10/27/2021	Ongoing
Friday	8:45 AM	25	08/05/2022	Ongoing

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Additional Instructions

Motion Calendar are held on Wednesdays and Fridays at 8:45AM, via Zoom. 
To access Zoom directly from courtMAP, click on “join zoom meeting” on the date/time of the hearing.

Motion Calendar hearings are limited to 5 minutes per case. 

To set a matter on the Court's Motion Calendar for hearing:

Select the date from the Court's Motion Calendar availability (found on courtMAP).

Create the event on courtMAP (set your hearing), upload all supporting documents (filed motion, notice of hearing, etc.).

Do not create multiple events (set multiple hearings); the system allows for two (2) motions to be set for each case.

The Court will not hear more than two (2) motions per case per Motion Calendar.

Once a green "Success" message appears, the hearing has made calendar. 

Important: Although the movant and the parties listed on the service list at the time the hearing is set will receive an email from courtMAP indicating that an event has been created, a notice of hearing will not automatically generate.  The movant MUST e-file the notice of hearing via the e-portal system.  Include 11thFC28@jud11.flcourts.org in all filings.

To confirm a hearing, click on the "calendar" tab in the navigation bar and then on "view events," select the hearing date; the scheduled hearing will appear.  You can also click on "calendar," then on "events by case" and enter the case number; all upcoming hearings for that case number will appear. 

To cancel a Motion Calendar hearing:

The party that added the motion to the motion calendar must e-file a notice of cancelation and also cancel the hearing on courtMAP.  To do this, click on: -calendar, -view events, -select the case, -click case status ready, -click cancel from the dropdown, -click save, -select cancellation reason, -click confirm cancellation. 

If Parties/Counsel are unable to agree on a date once an attempt to meet and confer has been made (i.e. sent emails) the hearing may be unilaterally set on the Motion Calendar with seven (7) calendar days notice.

Go to courtMAP Additional Instructions

All Motions to Withdraw as Counsel, even those with Client Consent, must be noticed on the Motion Calendar. 

Motions to Withdraw can be scheduled on the Court’s Motion Calendar which is every Wednesday and Friday morning at 8:45am.  Please see Tab labeled Motion Calendar on the Court’s website for instructions.

If at the hearing, the Court approves the Motion to Withdraw, please use the form Order Granting Motion to Withdraw, located under the Documents Tab of the Court’s website and you may upload it under Agreed Orders on courtMAP.

Additional Instructions

All Cases must attend mediation prior to Trial.

Once the Mediator’s report has been filed, you must file a Notice for Trial through the e-portal or with the clerk’s office.

Once the Notice has been accepted into the e-portal or filed with the clerk, please EMAIL JA/ Esther Amador at 11thFC28@jud11.flcourts.org, with a copy to opposing counsel, advising that you are ready to coordinate a trial date and time. Include in your email how much time the parties anticipate needing for trial, the witnesses/exhibits each side plans to introduce at trial, whether any of the parties will need the services of an interpreter and the time frame in which you want your trial scheduled.

Once your trial date has been accepted you will receive a trial order via COURTMAP.

The following must be attached as supporting documents:
1. Petition.
2. The answer and/or Answer and Counter Petition.
3. Answer to the Counter Petition, if one exists.
4. Mediator's report; any partial agreement (should they exist).
5. Notice of Readiness for Trial.

Please do not mail copies of notices to chambers. All of the supporting documents listed above must have an e-file stamp.

Copies of pre-trial catalogues must be uploaded to CourtMap no less than 15 days prior to the trial. Once a party uploads the pre-trial catalogue under the supporting documents option on CourtMap, the party must EMAIL the Bailiff, Aaron Pacheco at: apacheco@jud11.flcourts.org to advise of filing.

Should the case resolve prior to the scheduled trial date, the party who filed the Notice must immediately file a notice of cancellation via the e-portal and contact chambers to remove the case from calendar and schedule a UCD date.

If a Notice of Cancellation is not filed and a phone call is not placed to chambers, the Judge will expect the Parties to appear in court on the scheduled date.

Go to courtMAP Additional Instructions

All proposed orders must be submitted via courtMap.

Supporting documents (i.e.: motions, affidavits, cover letters, etc.) must always be submitted in support of a proposed order.

Do not submit proposed orders on matters that are contested and/or already set for hearing. 

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. 

If you are submitting an Agreed Order, please select the Agreed Order option.

When submitting a proposed/agreed order, the title of the order must be typed in the title box provided by courtMAP, not within the body of the proposed/agreed order.  

 Proposed IWOs: If you have difficulty uploading to courtMAP, please email it to chambers so it can be signed via Adobe by the Court.

Note: courtMAP automatically adds the case style, order title, judge's signature block and the done and ordered language to the order.  

If you are submitting an order on a Stipulation for Substitution of Counsel, you must submit the written consent of the client. 

Additionally, the name and bar number of the “new” attorney must be included within the body of the proposed order. 

If submitting a Motion to Withdraw as counsel, please identify if the case is currently set for trial.  If a Final Judgment has been entered, please indicate this in your motion. 

Ex-Parte Motions to Compel: must contain certification of “good faith effort” required by Rule 1.380(a)(2).

Motions for telephonic appearance must indicate the reason why a telephonic hearing is needed.  Please use the proposed order found in "documents."

To check the status of a proposed/agreed order, please log on to courtMAP and access your workbench folder.  A list of all pending, approved and rejected submissions appear in your workbench folder. 

Go to courtMAP Additional Instructions

Parties are able to schedule Special Set Hearings for one hour or less on courtMAP. Please read and follow the Court's procedures below.

All Evidentiary Special Set Hearings will be held in person at the Lawson E. Thomas Courthouse, 175 NW 1 Ave, Courtroom 28-C, Miami, FL 33128.

Please read before submitting Motions for Special Set Hearings.

All motions submitted in support of your motion must:

1. Be one-sided (no double-sided submissions)
2. Typed in 12 point font
3. Be double spaced
4. Contain 1 inch margins
5. Include page numbers

6. Be no more than 20 pages in length. Leave of Court must be provided prior to submitting any Motion and/or Memoranda in excess of 20 pages (This limit does not include Exhibits). You must submit a separate Motion and Proposed Order to the Court seeking leave to exceed the 20 page limit via the Proposed Orders option on courtMAP.

7. Responses filed in opposition to Motions shall not exceed 20 pages.

To Schedule a Special Set Hearing before Judge Ruiz Cohen:

The moving party must coordinate the date/time with opposing counsel based on the Court's availability, which is found on courtMap. Once the date has been agreed to, the moving party shall submit a copy of the filed motion along with the Court's Special Set Request Form under the supporting documents option on courtMAP when selecting the proposed hearing date for the Court's approval. A notice of hearing should not be filed or submitted by either side. If the motion, with exhibits, exceeds the Court's total page limit, mark that on the request form and submit the request form only. 

To schedule a hearing for more than one (1) hour: email the J.A. at 11thFC28@jud11.flcourts.org (copying all parties) with the case information, the amount of time you are seeking and the reason for seeking that amount of time.  Please attach a copy of the motion and relevant  information necessary to schedule the hearing.

Special 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 from courtMAP which will detail the reason for the rejection (this rejection will also appear in the submitter's workbench/rejected folder).  The moving party must proceed to resubmit the entire submission to correct the issues detailed in the rejection. Once the Court has approved the submission, the parties will receive an email from courtMAP indicating same.  A notice of hearing will also be generated, e-filed, and served upon the parties via courtMap.  

Once a Special Set Hearing is approved: All responses, replies, etc. must be submitted via courtMAP at least three (3) business days prior to the hearing date.

Add-On motions to special set hearings are not permitted.

To confirm a special set hearing:  Moving parties  may check the workbench/approved folder via courtMAP.  All parties may confirm hearings by selecting calendar, events by case number (entering the 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:  To cancel a special set hearing, you must email the J.A. at  11THFC28@jud11.flcourts.org  and CC all parties involved. Your email must include the case information (style, hearing type, date set, etc.) as well as the reason why you are seeking the cancellation of said hearing.  If you have not received a response from the J.A. within 24 hours, you must follow up with a telephone call to chambers to confirm the cancellation. Parties will not be able to cancel a special set hearing on courtMAP.

Important:
If you reach a resolution after a hearing has been scheduled, the party that requested the hearing must upload on CourtMAP a Proposed Agreed Order and contact chambers in order to request a cancellation of hearing. If no Proposed Order is uploaded all parties are to appear on the scheduled date.  

Go to courtMAP Transfer Calendar Information

Type: Closed

Notice Before Hearing: 7 Business Days

Files at Hearing: None

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Additional Instructions

Administrative Transfer Calendar for Family and Child Support Divisions:

The Administrative Transfer Calendar is heard by Judge Samantha Ruiz Cohen at 1:30 p.m.- every other Tuesday, via zoom. The original Motion to Transfer should be submitted via efile with the clerk to appear on the docket as part of your court file.

For transfer of a Child Support case to Family Division:

     1.  Email the filed Motion to Transfer to 11thfc28@jud11.flcourts.org requesting next available date(s) for the Transfer Calendar.

     2.  Chambers will reply with the available dates and once a date is agreed, the moving party must file a Notice of Hearing.

     3.  Notice of Hearing must include the Zoom meeting information that Chambers will provide once the hearing date is agreed upon. 

  Transfer of a Family case in a Family Section to be transferred to another Family Section (i.e. Smith vs Doe 2020-123-FC-02 to related case Doe vs Smith 2016-456-FC-33), please contact the chambers of the higher case number and alert the J.A. of the lower related case number. Case will then be administratively transferred, pursuant to Administrative Order on Family Division Assignment Reassignment and Transfer of Cases. 

Go to courtMAP UCD Calendar Information

Type: Closed

Notice Before Hearing: 7 Calendar Days

Files at Hearing: None

Day	Time	Cap	From	To
Tuesday	9:30 AM	None	10/31/2012	Ongoing

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Additional Instructions

Remote UCD Calendar:

Once your case is resolved, you may set your case on the Uncontested Calendar on courtMAP. Judge Ruiz Cohen's UCD calendar can be found under the "Special Set" section on courtMAP. 

Once your case has been properly calendared on a UCD slot, please be sure to submit a Final Judgement as a "proposed order"  through Courtmap.  Please upload the following and attach as supporting documents to the Final Judgement with a cover letter.

1. Petition or Counter Petition
2. Answer or Answer/Waiver 
3. Marital Settlement Agreement and/or Parenting Plan.
4. If the Petition has been defaulted please attach the Order of Default.
5. A copy of the Petitioner's and/or Counter Petitioner’s Valid Driver's License, Florida State ID or Voter’s Registration card.  
6. Affidavit that MSA and/or PP in best interest of child, signed by both parties.   
7. Financial Affidavits
8. UCCJEA Affidavit

9. Special Affidavit for Remote Uncontested/No Hearing

All requests for Uncontested hearings without these supporting documents with an e-file stamp will be rejected.

Self-Represented Litigants:  You will not have to appear in court. The Judge will prepare a final judgment  and send it to you electronically.  Please make sure you have an email address registered through courtMAP.

Go to courtMAP

Documents and forms this judge posts

• Affidavit of Custodian of Records
• Financial Affidavit Short Form
• Request for Hearing
• Blank Parenting Plan
• Financial Affidavit Long Form
• ORDER GRANTING MOTION TO WITHDRAW (DIV 39)
• INTRODUCING EVIDENCE VIA ZOOM (ADMIN MEMO)
• DIVISION 28 PROCEDURES
• DIVISION 28 PROCEDURES ESPANOL