David C. Miller

  • Division: Circuit Civil
  • Section: CA 21
  • Court Location: Dade County Courthouse
  • Address: 73 West Flagler ST Miami, FL 33130
  • Phone: (305) 349-7074
  • Room: DCC 525
  • Judicial Assistant: Gener, Barbara

 
Circuit Judge: Circuit Civil Division
 

 


 
  • Bachelor of Science, University of Florida, 1975
  • JD, Nova University, 1978
  • Admitted to Florida Bar 1979
  • Circuit Judge 2001
  • Private Practice - Civil Trial
JudgeSectionRoomTelephone
Cynamon, Abby CA 06 DCC 817305-349-7039
Echarte, P Pedro CA 09 DCC 511305-349-7161
Eig, Spencer CA 31 DCC 505305-349-7122
Zilber, Martin CA 08 DCC 309305-349-7024
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Motion Calendar

Type: Open

Notice Before Hearing: 5 Calendar Days

Files at Hearing: None

DayTimeCapFromTo
Tuesday8:00 AMNone3/05/1812/31/19
Thursday8:00 AMNone3/05/1812/31/19
07/02/2019
08/13/2019

Motion calendar hearings are limited to 5 – 10 minutes per case.  As of May 28th, motion calendars start at 8:00 a.m. and end at  9:00 a.m.  

Emergency  Motions to Cancel a Foreclosure Sale, will be heard 7:45 am to 8:00 am Monday thru Friday.

To set a motion calendar hearing, select the date from the Court's availability (found on courtMAP). 30 Cap

Submit your supporting documents (filed motion, etc.) when creating the event (setting the hearing) on courtMAP.  DO NOT create multiple events (set multiple hearings) on any one case; the system allows for two (2) motions to be set on each case.  

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

IMPORTANT: Although the movant and the parties listed on the service list will receive an email indicating that a hearing has been set, a notice of hearing will not automatically generate.  The movant MUST e-file the notice of hearing via the e-portal system.  

To confirm a hearing, click on the "docket" tab on the navigation bar and select the event date (the hearing date); the scheduled hearing will appear.  

**The Court will not hear more than two (2) motions per case per motion calendar.** 

To appear telephonically: A motion for telephonic appearance, along with the Court's form order must be submitted for the Court's approval via the proposed orders option on courtMap.  All Motions for Telephonic Appearance must indicate the reason why a telephonic hearing is needed.  If the reason stated is that counsel has a hearing in another courthouse, the motion shall contain the name and case number of the other case.  Please email the Judicial Assistant a copy of the order. Telephone hearings are done at the end of the calendar.
To cancel a motion calendar hearing:
Movants cancelling a hearing shall e-file a notice of cancellation and also cancel the hearing on courtMAP.  Go to: Calendar>View Events>Click on the Case>Click on the "Status" dropdown (should appear as "Ready")>Select Cancel>Select Reason>Click on Update
If the hearing being cancelled is scheduled for the next calendar day, a copy of the notice of cancellation should be emailed to chambers (bgener@jud11.flcourts.org) as well as all relevant parties.

THE FOLLOWING MOTIONS MUST ALWAYS BE SET FOR HEARING EVEN IF AGREED TO
:
1. MOTIONS TO RESCHEDULE FORECLOSURE SALES
2. MOTIONS TO CONTINUE TRIAL OR STRIKE TRIAL DATES, (Motions for continuance must indicate whether it is the first request for continuance. If it is not, the number and date of prior continuance(s) must be included in the motion.)
3. MOTIONS TO COMPEL MEDIATION
4. MOTIONS TO CANCEL SALE (Must include number of previous cancellations)                                                                                                                                                                                                                                                  5. MOTIONS FOR WRIT OF POSSESSION        

NOTE REGARDING "WALK-INS"
The Court does not allow contested/disputed "add-ons" or "walk-ins" during a motion calendar when the Court is in trial. If you are planning on "walking in" to a motion calendar with opposing counsel for a contested/disputed motion, please call the day prior to the date of the motion calendar to make sure that the Judge is not in trial.  

Motion calendar hearings are limited to 5 – 10 minutes per case.  As of May 28th, motion calendars start at 8:00 a.m. and end at  9:00 a.m.  
Emergency  Motions to Cancel a Foreclosure Sale, will be heard 7:45 am to 8:00 am Monday thru Friday.
To set a motion calendar hearing, select the date from the Court's availability (found on courtMAP). 30 Cap
Submit your supporting documents (filed motion, etc.) when creating the event (setting the hearing) on courtMAP.  DO NOT create multiple events (set multiple hearings) on any one case; the system allows for two (2) motions to be set on each case.  
Once a green "Success" message appears, the hearing has made calendar.  
IMPORTANT: Although the movant and the parties listed on the service list will receive an email indicating that a hearing has been set, a notice of hearing will not automatically generate.  The movant MUST e-file the notice of hearing via the e-portal system.  
To confirm a hearing, click on the "docket" tab on the naviagation bar and select the event date (the hearing date); the scheduled hearing will appear.  
**The Court will not hear more than two (2) motions per case per motion calendar.** 

To appear telephonically: A motion for telephonic appearance, along with the Court's form order must be submitted for the Court's approval via the proposed orders option on courtMap.  All Motions for Telephonic Appearance must indicate the reason why a telephonic hearing is needed.  If the reason stated is that counsel has a hearing in another courthouse, the motion shall contain the name and case number of the other case.  Telephone hearings are done at the end of the calendar.
To cancel a motion calendar hearing:
Movants cancelling a hearing shall e-file a notice of cancellation and also cancel the hearing on courtMAP.  Go to: Calendar>View Events>Click on the Case>Click on the "Status" dropdown (should appear as "Ready")>Select Cancel>Select Reason>Click on Update
If the hearing being cancelled is scheduled for the next calendar day, a copy of the notice of cancellation should be emailed to chambers (bgener@jud11.flcourts.org) as well as all relevant parties.

THE FOLLOWING MOTIONS MUST ALWAYS BE SET FOR HEARING EVEN IF AGREED TO:
1. MOTIONS TO RESCHEDULE FORECLOSURE SALES
2. MOTIONS TO CONTINUE TRIAL OR STRIKE TRIAL DATES, (Motions for continuance must indicate whether it is the first request for continuance. If it is not, the number and date of prior continuance(s) must be included in the motion.)
3. MOTIONS TO COMPEL MEDIATION
4. MOTIONS TO CANCEL SALE (Must include number of previous cancellations) 

5. MOTIONS FOR WRIT OF POSSESSION

NOTE REGARDING "WALK-INS"
The Court does not allow contested/disputed "add-ons" or "walk-ins" during a motion calendar when the Court is in trial. If you are planning on "walking in" to a motion calendar with opposing counsel for a contested/disputed motion, please call the day prior to the date of the motion calendar to make sure that the Judge is not in trial.  


This Section is now using courtMAP and document submissions are no longer available via eCourtesy.

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courtMAP combines eCourtesy with online scheduling, online notification/confirmation, and allows judges to create and e-File orders. courtMAP also allows parties to self-schedule their case events - motion calendar, special sets, and trials - and attach the documentation previously submitted via eCourtesy.

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