Requirements & Information

Contact Information

Judicial Service

• Circuit Court Bench, October 2019

Education & Achievements

• JD, Stetson University College of Law
• MBA, Stetson University
• BS, University of Central Florida

Judicial Assistant

Kelly

Division Email

CirCivDivD@jud12.flcourts.org

Phone

(941) 749–3611

Fax

(941) 749-3679; (Emergencies only — no more than 10 pages)

Physical Address

1051 Manatee Ave. W., Bradenton, FL 34205

Mailing Address

P.O. Box 3000, Bradenton, FL 34206

Office Hours

8:30 a.m. to 5 p.m.; closed for lunch Noon-1 p.m.

Courtroom

Proceedings are held in Courtroom 6E

Notice Pursuant to Canon 3 of the Florida Code of Judicial Conduct

Please be advised that from approximately January 3, 2017, through November 7, 2019, Judge Whyte served as General Counsel and Director of Human Resources for Angelina “Angel” Colonneso, Manatee County Clerk of the Circuit Court and Comptroller. As General Counsel, Judge Whyte did not participate in substantive child support matters, including establishment or enforcement, and did not personally represent the interests of any party to child support actions brought by or through the Florida Department of Revenue. However, as General Counsel, Judge Whyte reviewed and provided legal opinion regarding the Clerk of Court’s contract with the Florida Department of Revenue as well as routinely interacted with the Clerk of Court staff that handled Title IV-D child support matters.

From approximately July 2013, through approximately December 2016, Judge Whyte was a shareholder with the law firm of Kirk Pinkerton in Sarasota, Florida.

From approximately 1998-2013, Judge Whyte was an Assistant State Attorney in the Twelfth Judicial Circuit, worked as an associate with the law firm Dickinson and Gibbons in Sarasota, Florida, and was a law partner of Steven G. Lavely, Esq.

See Florida Statutes 38.01-38.10, Florida Code of Judicial Conduct Canon 3, and Florida Rule of Judicial Administration 2.330.

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Division Assignment(s)

• Circuit Civil Division D - Manatee County

Requirements & Information

Standards of Professionalism

Judge Whyte expects everyone who appears before him, not just attorneys, to know and adhere to the Twelfth Judicial Circuit’s Standards of Professionalism (Administrative Order 2010-22.2). These Standards are available also available on the websites of the Manatee County Bar Association and the Sarasota County Bar Association.

Please refer to and comply with the requirements and procedures in Fla. R. Gen. Prac. & Jud. Admin. Rule 2.530, Communication Technology.

Resources and information for remote court appearances, including Expectations for All Participants Attending Zoom Hearings, Minimum Hearing Requirements, Guidelines for Virtual Evidentiary Hearings, and Best Practices Guide for Remote Proceedings, can be found by visiting the Public Access to Court Hearings page (See the Public Access to Court Hearings section on our homepage). The Judge’s Requirements also have information, procedures, and protocols for Zoom hearings.

Late entry or Technical Difficulties. If an attorney or self-represented litigant has trouble logging in to Zoom, they should contact the Court’s judicial assistant immediately. Represented parties and witnesses who have trouble logging in to Zoom should contact their attorney or the attorney or party who has called them to court.

Judge Whyte maintains a hybrid courtroom. This means that counsel and self-represented litigants (SRLs) may appear in person or remotely using communication technology (Zoom) for any non-evidentiary proceeding that is scheduled for 30 minutes or less. Any hearing scheduled for more than 30 minutes or any hearing noticed as an “Evidentiary Hearing” requires actual, physical presence in the courtroom. Consistent with Fla. R. Gen. Prac. & Jud. Admin. 2.530, Judge Whyte will consider authorizing the use of communication technology for the presentation of testimony or for other participation in a proceeding at his discretion or upon written motion.

If counsel, a SRL, or a party intends to appear in person for a nonevidentiary proceeding that is scheduled for 30 minutes or less, such person must notify the JA at least 24 business hours before the proceeding by sending an email to the Division Email with copies to all parties and affected non-parties.

If appearing remotely, an attendee must dress and act appropriately for court. The attendee’s camera must be on and uncovered. Attendees shall keep their microphone muted until recognized by the court. No attendee shall use a virtual background or blur their background. The court may require an attendee to show the area surrounding the attendee during the remote appearance. There is no recording of any court proceeding without the express preapproval of the court. See Twelfth Circuit Administrative Order 2023-10a.2, Photography, Recording, and Broadcasting in Court Facilities, eff. July 12, 2023.

Judge Whyte’s Standing Zoom Credentials

1. Launch Zoom
2. Click “Join a Meeting”
3. Meeting ID: 899 284 9846
   Password: 408941

General rules for scheduling hearings

• All motions shall be filed with the Clerk prior to reserving hearing time.
• Hearings are limited to the time reserved. Time will be kept by the court.
• The conferral requirements in Fla. R. Civ. P. 1.202 are mandatory.
• Coordination by email correspondence is generally recommended, but the Division Email shall not be included or copied in these scheduling emails.

The procedures and requirements for the scheduling and cancellation of hearings by parties that are represented by counsel are:

The procedures and requirements for the scheduling and cancellation of hearings by Self-Represented Litigants (SRLs) are:

Notice of Hearing (applies to all attorneys and self-represented litigants)

A Notice of Hearing shall list the exact title of the motion or other document that is to be heard, the date of filing, and the Clerk’s document identification number (DIN), if available. If multiple motions are scheduled to be heard, each motion shall be specifically listed.

The Notice of Hearing must explicitly state if the hearing is “Evidentiary” in nature.

The Notice of Hearing must state whether it will be in person, virtual/remote (Zoom), or a hybrid of in person and Zoom. If any portion of the hearing will be virtual/remote (Zoom), the court’s Zoom information must be provided in the Notice of Hearing.

Every Notice of Hearing must include a Certificate of Service, in compliance with Fla. R. Gen. Prac. & Jud. Admin. 2.516(f), as well as the notice regarding requests for accommodations by persons with disabilities, as set forth in Fla. R. Gen. Prac. & Jud. Admin. 2.540.

Subsitute Motions and Cross-Noticing Hearings

Once a hearing is scheduled, no additional motions are to be added, no motions are to be substituted, and there is to be no “piggybacking” or cross-noticing of motions absent prior consent of all parties and the Court.

Motions for Rehearings, Reconsideration, and New Trial

All Motions for Rehearing, Reconsideration, or New Trial are to be filed with the Clerk of Court and a copy submitted directly to the judge, via the Division Email, with copies to all parties, along with a cover letter. The motion should be detailed and specific. The judge will review the motion to determine whether a hearing is required. These motions shall not be set for hearing unless directed to do so by the court.

Guardian, Administrator, or Attorney Ad Litem Appointments

The Court will not sign an order appointing an attorney whose primary office is outside the 12th Judicial Circuit as Guardian Ad Litem, Administrator Ad Litem, or Attorney Ad Litem, except upon motion and hearing.

Ex Parte Motions and Orders

If a Motion is sent to the court for ex parte consideration, the legal and factual bases as well as citations to authority allowing such ex parte consideration must be expressly stated in the Motion. The Court will not accept, consider, or rule upon any of the following motions sent ex parte:

1. Motion to Amend (once a party has filed an Answer or other pleading)
2. Motion for Default (unless allowed by law)
3. Motion to Set Aside
4. Motion to Vacate
5. Any discovery motion (to Compel, for Sanctions, for Protective Order, etc.)

These motions will be returned to the movant to be set for hearing as outlined in these Requirements.

Civil Magistrate David Caskey

Motion Hearings Before the Magistrate

Prior to scheduling a hearing before Magistrate Caskey, the moving party must complete the “Order of Referral” and submit the Order to the judge using the Division Email with copies to all parties and affected nonparties. A form Order can be found under the Forms section on Civil page. Hearing time is scheduled through Jessica Sherman, Magistrate Caskey’s Assistant at 941‐749‐3650 or by email at JSherman@jud12.flcourts.org.

The following is a non-exhaustive list of motions that shall be scheduled with Magistrate Caskey, absent a written objection, pursuant to Fla. R. Civ. P. 1.490(c). If a motion is not specifically listed below, but it is related to discovery or directed to a pleading, that motion must be scheduled in front of the Magistrate. The only time one of these motions is to be scheduled in front of the assigned Judge is if an “Objection to Referral to Magistrate” is filed with regard to that particular referral.

Discovery-Related Motions

• Compel
• Contempt
• Discovery Order (other than ex parte)
• Extend Time
• Objections to motions
• Interrogatories
• Objections to Production
• Protective Order
• Quash
• Sanctions (re: discovery matters)
• Any additional discovery-related motion not listed

Motions Directed to Pleadings

• Add/Drop Parties (including substitution of parties)
• Amend
• Default
• Default Final Judgment
• Dismiss
• Intervene
• Judgment on Pleadings
• More Definite Statement
• Strike
• Any additional motion directed to pleadings not listed

Miscellaneous Motions

• Abate
• Compel Arbitration
• Confirm Arbitration
• Compel Mediation
• Quash Service
• Sever
• Transfer Jurisdiction/Venue
• Vacate/Set Aside (on non-trial related issues

Withdrawal of Counsel: May be heard by magistrate or assigned judge.

Motions not heard by Magistrate:

• Vacate Final Judgment
• Writ of Possession and any trial-related motions (Limine, Strike Witnesses and Exhibit lists, Trial continuances, etc.)

In addition to the traditional matters heard by Magistrate Caskey, the parties may utilize Magistrate Caskey for any other matter to which the parties consent, including injunction hearings and summary judgment motions.

Getting Updates on Your Case

Attorneys and parties should not contact the JA to get updates or inquire as to the status of their case. Rather, they should contact the Public Access department of the Manatee County Clerk of Court and request “Attorney of Record” or “Party” access to their case. This will allow greater access to documents available on the Clerk’s website.

Progress dockets, case related documents, and Court orders can be found on the Clerk of Court’s website.

Litigation by Letter or Email Strictly Prohibited

Litigation by letter or email occurs when one or more people send multiple competing letters or emails to the court or the court’s JA discussing issues in the case, other than scheduling matters, which are in dispute. This is not permitted. If the parties cannot agree on the language of a proposed order, the scheduling of a hearing, or any other matter, an appropriate motion should be filed and set for hearing. Attorneys, including their paralegals and staff, SRLs, and parties that involve the court or the JA in their litigation by letter or email can be sanctioned by the court.

General Rules for the submission of proposed orders

Unless otherwise noted in these Requirements, proposed orders should be sent to the Judge’s chambers using one of the following methods (in the order of preference):

• Florida Courts E-Filing Portal
• Division email
• U.S. Mail or other standard delivery/courier service
• Hand delivery

Proposed orders sent to the court through the E-Filing Portal will be received in PDF/A format. If the court needs a proposed order in MS Word format, you will be notified via email.

If a proposed order is emailed, please include all email addresses for all parties on the certificate of service, if available. If email addresses are not provided on the proposed order, no one will receive the order. For proposed orders that are submitted via US mail or hand delivery, please indicate in the cover letter that postage paid envelopes and copies for conforming are included.

Agreed Orders/Judgments

Agreed Orders/Judgments should be clearly indicated as such in the title of the order (e.g., “Agreed Order on Defendant’s Motion for Leave to File Amended Answer and Affirmative Defenses”) or the cover letter with the proposed order can expressly state that all parties and affected non-parties have agreed to the form and substance of the proposed order. The Court will not sign Agreed Orders/Judgments without written proof of agreement or consent by all parties.

Orders/Judgments prepared at the direction of the court

Please see Sections F.4., F.5., and F.6., under “Motions” in the 12th Circuit’s Standards of Professionalism.

Unless otherwise directed by the court following a hearing, the party charged with preparing a proposed order should prepare it promptly, generally no later than the following business day.

The party directed by the court to prepare a proposed order shall, prior to submitting the proposed order to the court, serve a copy of the proposed order on all other parties and affected non-parties for review as to form and substance. The submitting party shall not submit any proposed order to the court asking the court to sign the proposed order in a certain number of days if no objection is received.

Hearing binders and courtesy copies are not required. However, if a hearing binder or courtesy copies are going to be provided, they must be received by the court at least five (5) business days before the hearing date. Hearing binders and courtesy copies should not be filed with the Clerk.

The hearing binder or courtesy copies should include but are not limited to: a copy of the Notice of Hearing, a copy of the motion to be heard, a memorandum of law, printed copies of case law that are cited in the motion and memorandum of law or will be discussed at the hearing, and legible copies of evidence, exhibits, and documents that will be referred to or admitted during the hearing. If the hearing binder or courtesy copies are not provided to the court in a timely manner, the court may cancel the hearing without notice, even if the hearing has started.

The relevant portions of the case law should be highlighted, bolded, outlined, or otherwise similarly indicated so as to make those relevant portions stand out from the rest of the text.

Delivery to the Division Email is preferred. Emailed documents must be in PDF/A format. Due to Court Security protocols, the court cannot click on outside links such as DropBox, Cloud based sites, or Sharing sites, and the court cannot open zip files or folders. If the hearing binder, courtesy copies, evidence, or exhibits are provided to the court on a physical media (flash drive, CD, external hard drive, etc.), the media will need to be scanned by the court’s IT department, which may affect the amount of time that the media will be available to the court prior to the hearing. Courtesy copies must be emailed to the court in PDF-A format.

Delivery of physical copies to chambers can be made by hand, U.S. mail, or other delivery service.

A motion requesting emergency consideration by the court must be filed with the Clerk and served upon all attorneys, SRLs, and affected non-parties, except in those rare cases which permit a party to seek ex parte relief.

A copy of the motion requesting emergency consideration and any cover letter shall be sent to the court via the Division Email. The motion shall be detailed and include the amount of hearing time required. If the motion seeks ex parte relief, the legal and factual bases as well as authority allowing ex parte consideration and relief shall be specifically stated.

The judge will review the motion and determine whether it should be treated as an emergency. If the Court determines that the motion is not an emergency, the movant will be notified and must set the motion for hearing as outlined in these Requirements.

The Clerk requires evidentiary exhibits to be in paper format. Attorneys should plan accordingly. An identical copy of the exhibits provided to the Clerk should be provided to Judge Whyte as Courtesy Copies, above. If the hearing is permitted to be remote, hard copies of the exhibits shall be sent to Judge Whyte’s office no fewer than five (5) business days prior to the hearing. The above requirements include jury and nonjury trials.

Mandatory AppearanceUnless excused by the court, it is mandatory that all self-represented litigants and at least one attorney of record for each party appear for each Case Management Conference and Pretrial Conference. The failure to appear at a Case Management Conference or Pretrial Conference can result in the Court dismissing the action, striking the pleadings, limiting proof or witnesses, or taking other appropriate action. See Florida Rule of Civil Procedure 1.200(j)(6).

Case Management Conferences (CMC) to set a Trial Period in a Case

Pre-Trial Conference

Attendance at PTC is mandatory. Counsel who will actually be trying the case or an attorney with authority to make all decisions, as well as SLRs, shall appear at the PTC.

Before the PTC, parties shall confer with their witnesses to confirm availability for the entire trial period.

Continuace of Trial

A Motion to Continue Trial shall comply with all requirements of Fla. R. Gen. Prac. & Jud. Admin. 2.545(e) and Fla. R. Civ. P. 1.460. It is strongly suggested that a Stipulation to Continue Trial also conform with these rules.

Pursuant to Fla. R. Gen. Prac. & Jud. Admin. 2.545(e) and Fla. R. Civ. P. 1.460, Motions to Continue Trial “are disfavored and should rarely be granted and then only upon good cause shown. Successive continuances are highly disfavored. Lack of due diligence in preparing for trial is not grounds to continue the case.” Continuances to complete discovery, have motions heard, or other reasons that suggest the action is not ready for trial will be strongly disfavored.

A trial is not continued automatically upon the submission of a Motion to Continue or a Stipulation to Continue. Until the court grants a continuance, the matter remains set for trial as previously ordered.

Trial Schedule/Docket

After PTC, a trial schedule, also referred to as a trial docket, will be posted on the Civil Division page. The trial schedule includes the cases that have been assigned a day and time to begin as well as those cases that are back up trials.

It is the responsibility of the attorneys and parties to know when their case is scheduled to begin. All cases on the trial schedule, including back up trials, are subject to being called to trial at any time during the trial period with 24 hours advance notice.

Settlement or Resolution of the case

Only the court may remove a case from the trial schedule, including back up trials. A Notice of Settlement or other, similarly styled document will not remove a case from the trial schedule.

To remove a case from the trial schedule, the court must receive a Notice of Voluntary Dismissal from each party that has made an affirmative plea for relief in the case. The Notice of Voluntary Dismissal must expressly state that all claims and issues have been resolved as to all parties against whom relief has been sought. If the Notice of Voluntary Dismissal is only as to particular parties, claims, damages, and so forth, the limited nature of the Notice of Voluntary Dismissal shall be specified.

A Final Judgment of Voluntary Dismissal (filed by the party making an affirmative plea for relief) and any other documents or forms that are required to close and finally dispose of the case must be filed with the Clerk of Court within thirty (30) days after the court removes the case from the trial schedule. Failure to do so may result in sanctions or the case being placed back on a trial docket.

Pre-Trial Motions and Stiuplations

Parties are reminded of their conferral obligations under Fla. R. Civ. P. 1.202.

Pretrial deadlines will be enforced. Parties are encouraged to engage in motion practice when an issue is identified and a resolution to that issue is not reached after diligent, good faith efforts to confer.

Daubert Motions

Motions filed pursuant to F.S.S. 90.702-90.706 that seek a pretrial ruling regarding the admission of expert testimony must be filed and heard at the earliest opportunity after the need for such a hearing is identified. Any such motion must be heard by the court before the Pre-Trial Conference, unless good cause and due diligence is shown to hear the motion after PTC.

Motions in Limine

Boilerplate motions in limine that seek a pretrial ruling to enforce standard rules of evidence are discouraged.

Motions in limine should be specifically tailored to each case and shall include: the substantive, evidentiary, or procedural matter at issue; the legal or factual bases supporting or refuting the matter at issue; the reasons why a contemporaneous objection during trial would be insufficient; and the prejudice, if any, that will occur if the motion is granted or not granted, as applicable.

For those Motions in Limine that are agreed to by the parties, it is strongly recommended that a written stipulation be provided to the court along with a proposed order.

Motions in Limine that are contested must be brought before the court for hearing at the earliest opportunity after a party learns that there is disagreement.

Stipulations

Any Stipulation, including those that will be read to the jury, shall be signed and dated by the attorneys of record and the parties who are entering into the stipulation. The fully executed Stipulation must be filed with the Clerk and a copy provided to the court as soon as it is signed. If the Stipulation is limited to certain parties, claims, or otherwise, such limitations shall be expressly stated therein.

See Section H. Pretrial Procedures & Conferences.

To access forms, visit the Civil Divisions page. Please check this webpage often, as new orders may be added or there may be modifications to existing orders.

Designation of Email Address

Immediately upon entering a case, all attorneys and SRLs shall file with the Clerk and serve upon all parties a Designation of Email Address, as required by Fla. R. Gen. Prac. & Jud. Admin. 2.516. For an example, see Supreme Court Approved Family Law Form 12.915, Designation of Current Mailing and E-Mail Address.

Service of Documents

Service of documents shall be made in accordance with Fla. R. Gen. Prac. & Jud. Admin. 2.516, and for any document required to contain a Certificate of Service, such Certificate of Service shall be in substantial compliance with Fla. R. Gen. Prac. & Jud. Admin. 2.516(f).

Motions to Withdraw

Motion to Withdraw by counsel shall comply with Fla. R. Gen. Prac. & Jud. Admin. 2.505 and must be set for hearing with notice to all parties. An Order Granting Withdrawal of Attorney is available at this link: Order Granting Withdrawal of Attorney

Civil Division Page

Marking Evidence and Exhibits

Exhibits and evidence should be pre-marked before the hearing or trial begins.

Exhibit labels must have the following information legibly printed on them:

• the designation of the party moving the item into evidence as reflected in the pleadings (i.e., Plaintiff, Petitioner, Defendant, Respondent, etc.)*;
• a numbering and lettering system that clearly identifies each individual exhibit or piece of evidence from another (i.e., 1, 2a, 2b, Composite 3, etc.);
• the date the exhibit is entered into evidence, if known ahead of time; and
• the case number (i.e., 25CA2548).

*If there is more than one party sharing a party designation (e.g., multiple plaintiffs or defendants) or if a party holds multiple designations (e.g., Plaintiff/Counter-Defendant), the parties shall mark their exhibits and evidence using the party’s name and designation as reflected in the pleadings or the order adding the party to the case.

One expert per specialty

At trial, each party is limited to one expert per specialty.

Motions for Summary Judgment

Moving and nonmoving parties must comply with the substantive and procedural requirements found in Florida Rule of Civil Procedure 1.510 and 12th Circuit Administrative Order 2021-19.1.

Use of Florida Courts E-filing Portal Required

Unless excused by court order, every attorney and self-represented litigant shall be a “registered user” with the Florida Courts E-Filing Portal (“Portal”) and shall use the Portal for service and receipt of documents in this case. See Florida Rule of General Practice & Judicial Administration 2.511, 2.516, and 2.525.

Signature Blocks Required

Every signed document shall include a signature block in conformance with Florida Rule of General Practice & Judicial Administration 2.515(c).

Designation of E-mail Address; Attorney Appearances and Withdrawals

Self-represented litigants must file a Designation of E-mail Adress. See Florida Rule of General Practice & Judicial Administration 2.516(2).

Every attorney that appears on behalf of a party, including attorneys from the same firm, must file a separate notice of appearance and designation of email address. If a party has more than one status (e.g., Defendant and Counterclaim Plaintiff), the notice of appearance must identify the status or statuses that attorney represents the party. This is an on-going requirement for any new attorney that appears during the litigation. Each attorney that appears is fully responsible for the case.

Attorneys that seek to terminate their appearance shall comply with Florida Rule of General Practice & Judicial Administration 2.505(f).

Download Order Granting Withdrawal of Attorney

No Recording or Live-Streaming* of any Proceeding

Recording (audio, video, or both), photographing, screenshotting, or live-streaming a court proceeding is strictly prohibited unless explicitly pre-approved by the presiding judicial officer. A violation of these restrictions may result in the violator being held in contempt of court or otherwise punished according to law. Members of the media must comply with Rule of General Practice and Judicial Administration 2.450 and Twelfth Circuit Administrative Order 2023-10.2, Photography, Recording, and Broadcasting in Court Facilities. Please contact the Court’s Public Information Officer for further information. (*Live-streaming is the transmission or receipt of live video or audio coverage of a court proceeding using the internet, a wireless connection, or a cabled or wired connection, whether or not those transmissions are recorded, and includes the use of technologies that capture, share, record, or transmit audio or video such as Google Glasses).

ADA Notice

If you are a person with a disability who needs reasonable accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Manatee County Jury Office, P.O. Box 25400, Bradenton, Florida 34206, (941) 741-4062, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.

Definitions

Affected Non-Party

An individual or entity that is not a named party in a lawsuit but which is, will, or may be affected by the court’s action or decision

Counsel

Includes the attorney of record, an attorney appearing as coverage counsel, and an attorney appearing on behalf of an interested person, entity, or affected non-party

Fla. R. Gen. Prac. & Jud. Admin.

Refers to the Florida Rules of General Practice & Judicial Administration

Fla. R. Civ. P.

Refers to the Florida Rules of Civil Procedure

F.S. and F.S.S.

Mean Florida Statute and Florida Statutes, respectively

JA

Refers to Judge Whyte’s Judicial Assistant, Kelly

Parties

Includes those individuals and entities that have sued or been sued, their attorneys, and SRLs

SRL

Refers to a Self-Represented Litigant, otherwise known as a pro se litigant

Standards of Professionalism

Refers to Twelfth Judicial Circuit Administrative Order 2010-22.2, Standards of Professionalism, signed October 20, 2010