Jorge E. Cueto
- Division: Circuit Probate
- Section: PMH 01
- Court Location: Osvaldo N. Soto Miami-Dade Justice Center
- Phone: (305) 349-7135
- Room: OSJC 18.235
- Judicial Assistant: Lisette Garcia-Bermejo
lgarcia-bermejo@jud11.flcourts.org ( JA email)
mehernandez@jud11.flcourts.org (bailiff email)
Motion calendar zoom link:
https://zoom.us/j/98394512976
Meeting ID: 983 9451 2976
REQUIRED CHECKLIST CERTIFICATION
FORMS
As of September 1, 2020, filings of petitions with proposed orders in
CourtMap must include established checklist certification forms as supporting
documents with your submissions. A list of existing checklists
can be found on our circuit website in the Probate Corner, along with the
corresponding Administrative Memorandum. See https://www.jud11.flcourts.org/Probate-Checklists. This procedure has been enacted to prevent frequently
defective submissions and the resulting repeated rejections which cause
unnecessary labor by the court.
The checklist certification forms must be filed through the
e-filing portal and also uploaded as a supporting document to the petition
through CourtMap. Failure to include the checklist certification form will
result in summary rejection of your submission.
Please be aware that the checklist contains a certification of compliance
which must be signed by the lawyer. If you cannot certify compliance
with the requirements listed on the checklist, set the matter for a special
set hearing. Call chambers if you have any questions related to this matter. Read
the certification carefully. You will be held accountable under the law
if the court finds that your certification was inaccurate.
PETITIONS
TO WAIVE ACCOUNTING FEES FOR GUARDIANSHIPS
Please
note that accounting fees will not be waived unless an affidavit of indigency
has been filed with the Clerk of Courts. The Clerk of Court will review
the affidavit to determine if the petitioner qualifies. The Clerk makes
that determination. If they find that petitioner does not qualify for
indigent status, accounting fees must be paid. Indicate in your
petition whether the Clerk has made the finding.
MOTIONS
FOR SUBSTITUTION OF COUNSEL OR WITHDRAWAL
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 substituted attorney
must be included within the body of the proposed order.
On motions to withdraw as
counsel, you must use our form order found on our web site.
EXPARTE
MOTIONS TO COMPEL
Ex-Parte Motions to Compel must contain a certification of “good faith effort”
required by Rule 1.380(a)(2). Failure to
confer prior to submitting a motion to compel may subject you to sanctions.
Motion Calendar hearings are via zoom. Special sets hearings are held via zoom.
| Judge | Section | Room | Telephone |
|---|---|---|---|
| Colodny, Yvonne | PMH 05 | OSJC 17.230 | 305-349-7117 |
EMERGENCY PETITIONS
True
emergencies are few and far between. Do
not submit a matter as an emergency because you failed to timely address issues
or because you think the matter will be dealt with on an expedited basis. This division reviews all pending submissions
several times a day and motions are either granted or rejected in an
expeditious manner.
If your motion is a true
emergency, the motion must contain a certification that the matter is a true emergency
and cannot wait to be heard during a motion calendar. If there is an
opposing lawyer, the motion must contain
a statement indicating that opposing counsel has been notified in an attempt to
resolve the matter in an amicable manner.
Once the Court reviews the emergency motion, the parties will receive an
email with instructions on how to proceed.
Please
see the new link below to the Administrative Memorandum regarding procedures
for service of motions to disqualify.
https://www.jud11.flcourts.org/docs/Administrative%20Memorandum%20_Service%20of%20MTD%20on%20Judges%20-%2010-14-2021.pdf
PROPOSED
ORDERS
Do not submit proposed orders related to a hearing prior to that hearing taking place.
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.
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 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 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 filing something
with the clerk does not make the court aware of its existence. You must either set the matter for hearing if
need be, or submit your petitions, supporting documents and proposed orders via
courtMap.
STATUS
OF ORDERS
To check the status of a proposed or agreed order, please log on to courtMAP
and access the workbench folder. A list of all pending, approved and rejected submissions
appear in the workbench folder.
Go to courtMAP
INSTRUCTIONS ON HEARINGS
All hearings, special sets or motion calendar must have the docket entry number on the notice of hearing (and, if applicable, the request forms). If it's an evidentiary matter, please indicate it in the notice of hearing or request.
Please download the Zoom application, which you may use for free, at https://zoom.us/.
Once your request for a hearing via Zoom is received and approved, you will receive
an Outlook invitation for your scheduled hearing. Please do not call the
Judicial Assistant. This information will be sent to you automatically. If
you do not receive an invitation for the hearing via Outlook within 24 hours
prior to your hearing start time, do contact chambers.
Store the link provided in the invitation on your computer calendar and log in
at the appointed time. You must also share the link with your clients,
opposing counsel, or any interested parties who do not appear on the service
list.
You may appear telephonically or via video on Zoom, unless you expect to render
sworn testimony. In such a case, you
must appear by video.
If you are aware that an interested party, or someone who is required to appear
does not have access to necessary technologies, please cancel the hearing
because the court will not proceed under those circumstances.
Please remember to be patient with all parties as we become accustomed to this
new way of operating. You are expected
and required to observe proper decorum and procedure as in any other court
appearance.
REQUESTS
FOR SPECIALLY SET HEARINGS
To schedule a specially set hearing with Judge Cueto, the moving party must coordinate
the date and time with opposing counsel based on the Court's availability,
which is found on courtMap. Once the parties reach an agreement as to the
setting, the moving party shall submit a copy of
the filed motion to chambers with the notice of hearing that is
generated by courtMap. A notice of hearing should NOT be
filed or submitted by either side at this point.
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 detailing 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 indicating
same. A notice of hearing will be e-filed and served upon the
parties via courtMap.
Once a specially set hearing is
scheduled, courtesy copies or binders must be submitted in paper form to
chambers no later than 5 busines days prior to the hearing. ADD-ON motions to
specially set hearings are not permitted without leave of Court.
If you are attempting to schedule a hearing for more than one half
hour, you must submit the special-set form found on our web site to the
judicial assistant. Please attach a copy of the court's request form, the
motion and any other relevant materials to your submission.
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.
CANCELLATIONS OF SPECIALLY SET HEARING: If you need to cancel a
special set hearing, you must call at chambers, (305) 349-7135. You must also inform all parties involved.
Please note that parties will not be able to cancel a special set hearing
on courtMAP.
Go to courtMAP