When must a Florida summary-procedure plaintiff serve an answer to a counterclaim?

Identify the counterclaim incorporated in the defendant’s actual answer.

Preserve its actual prescribed service, required recipients and method.

Include all defenses in the plaintiff’s answer and complete its prescribed service and filing separately.

1. Identify the counterclaim incorporated in the defendant’s actual answer.
2. Rule 1.090(a) incorporates Rule 2.514(a). Exclude the established event. For seven days or longer, begin with the next day that is not Saturday, Sunday or a legal holiday. Count intermediate calendar days. For fewer than seven days, omit intermediate Saturdays, Sundays and legal holidays. Do not treat a seven-day period as seven business days.
3. Establish the actual holiday calendar and any applicable court directions.
4. Complete the required act with the proper court or recipient.

Apply the observed New Year’s Day, Martin Luther King Jr. birthday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, Friday after Thanksgiving and Christmas Day holidays. Section 110.117 observes Saturday holidays on the preceding Friday and Sunday holidays on the following Monday. Rule 2.514 also includes clerk-observed holidays and days designated by the chief justice or chief judge. An ineligible final day moves in the counting direction. The bundled Florida calendar covers 2026 through 2028. Verify additional closures and chief-justice extensions separately.

Fictitious example

Fictitious facts. The incorporated counterclaim is actually served by the established email, portal or delivery method. The actual event is August 2, 2027. No mail-only addition, further closure, changed court period or federal/program-specific notice requirement is assumed.

Fictitious facts. Establish the stated procedure and actual event separately. No mail-only addition, further clerk holiday, tolling motion, chief-justice extension or different actual court order is assumed.

Summary procedure requires an actual statutory or rule basis

Section 51.011 applies only to actions specified by statute or rule. Its different time period controls a conflicting rule period. Section 83.59(2) gives the stated possession action summary procedure. Do not transfer five days to every Florida civil answer.

Actual court-document service supplies this event

Rule 1.080(a) applies Rule 2.516 to the prescribed post-initial pleadings. Establish the actual permitted method and each recipient. Email service completes when sent. Portal service has its stated listed-recipient and known-nonreceipt qualifications. This preset excludes mail-only service.

Mail-only service needs a separate computation review

Rule 2.514(b) addresses its stated five-day addition after service made only by mail. Establish that provision’s applicability alongside section 51.011’s priority and the actual method. These examples do not compute or assume a mail-only extension.

Filing and service remain distinct acts

Section 51.011(1) expressly requires serving this answer within the stated period. A filed document without prescribed service does not establish completion. All defenses belong in this answer and no other pleadings are permitted.

• This page does not establish valid notice, valid process, claim or defense sufficiency, rent amounts, automatic possession or a stay.
• Check the governing historical edition, actual motions, orders, clerk holidays and filing receipts.

• Identify the counterclaim incorporated in the defendant’s actual answer.
• Preserve its actual prescribed service, required recipients and method.
• Include all defenses in the plaintiff’s answer and complete its prescribed service and filing separately.
• Section 51.011 applies only to actions specified by statute or rule. Its different time period controls a conflicting rule period. Section 83.59(2) gives the stated possession action summary procedure. Do not transfer five days to every Florida civil answer.
• Rule 1.080(a) applies Rule 2.516 to the prescribed post-initial pleadings. Establish the actual permitted method and each recipient. Email service completes when sent. Portal service has its stated listed-recipient and known-nonreceipt qualifications. This preset excludes mail-only service.
• Rule 2.514(b) addresses its stated five-day addition after service made only by mail. Establish that provision’s applicability alongside section 51.011’s priority and the actual method. These examples do not compute or assume a mail-only extension.
• Section 51.011(1) expressly requires serving this answer within the stated period. A filed document without prescribed service does not establish completion. All defenses belong in this answer and no other pleadings are permitted.
• Section 51.011(1) requires serving the plaintiff’s answer to the counterclaim. Preserve each required recipient and successful service under the applicable rules. Rule 1.080(b) incorporates Rule 2.525 filing. Attorneys ordinarily file through the portal or designated electronic facility. An eligible unrepresented party may elect electronic filing; prescribed paper exceptions remain. Preserve the successful filing timestamp under Rule 2.525(e). Rule 2.514(a)(4) ordinarily sets 11:59:59 p.m. Eastern Time for electronic filing or service by any means, and scheduled clerk closing for nonelectronic filing. Complete filing and required service as separate acts. A computed date does not establish successful submission, valid original process or sufficient pleading.