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 all attorneys who appear to know and adhere to the Twelfth Judicial Circuit’s Standards of Professionalism, also available on the websites of the Manatee County Bar Association and the Sarasota County Bar Association.

Judge Whyte maintains a hybrid courtroom. Attorneys may appear either in person in the courtroom or remotely via audio-video communication technology (Zoom) – with the following exception:

• All hearings lasting longer than one hour, and all evidentiary hearings, are in person in the courtroom. On a case-by-case basis, Judge Whyte may permit remote appearance for these hearings pursuant to Rule 2.530 of the Florida Rules of General Practice and Administration.

If appearing for a hearing remotely, attorneys must dress as if appearing in person. Additionally, the attorney’s camera must be turned on.

If voluntarily appearing for a hearing in person, the attorney must notify Judge Whyte’s office ahead of time so proper arrangements can be made. The attorney must also notify opposing counsel.

Judge Whyte's Standing Zoom Credentials

• Launch Zoom
• Click “Join A Meeting”
• Meeting ID: 899 284 9846
• Password: 408941

Pro Se PartiesWhen seeking hearing time for a motion, parties appearing pro se must email a copy of the motion to Judge Whyte’s Judicial Assistant and request available timeslots. Judge Whyte’s Judicial Assistant will then provide available timeslots with which the pro se party must contact opposing counsel(s) to coordinate, preferably in an email correspondence with both parties. After the parties have agreed on a timeslot for the motion, the pro se party must notify Judge Whyte’s Judicial Assistant to secure the hearing time.

Scheduling Hearings

Scheduling of hearings with opposing party: Hearings are limited to the time reserved. The scheduling party shall confer with all counsel on the case and agree regarding the total time required for all counsel to make a complete presentation to the court. If unable to confer with opposing counsel after due diligence or good cause, the party reserving and scheduling the hearing should determine how much hearing time is needed for the movant and then double the estimate. For general scheduling procedure, counsel are referred to Administrative Order 2010-22.2, In Re: Standards of Professionalism.

Notices of Hearing: All notices of hearing shall list the exact title of the motion or other document that is to be heard and shall note the date of filing. If a hearing is scheduled in JACS and “unlisted motion” is selected, the exact name of the motion being scheduled must be added in the “Notes” section of JACS.

Substitute Motions: Once a hearing is scheduled, no additional motions are to be added or substituted absent prior approval of opposing counsel and the Court. If multiple motions are being scheduled all motions shall be specifically listed.

Cross Noticing Hearings: “Piggybacking” or cross-noticing of motions or substitute motions is not permitted absent the consent of all parties and the Court.

Courtesy Copies: Copies of pleadings, memoranda of law, case law, notices of hearing, etc. must be received by the Court at least five (5) working days prior to the hearing. Delivery may be made by hand or U.S. mail, but email delivery to Circuit Civil Division D is preferred. Due to Court Security protocol, we cannot click on outside links such as DropBox, Cloud based sites or Sharing sites. Documents must be submitted as PDF type documents. We cannot open Zip files or folders. If the courtesy copies have not been provided in a timely manner, the hearing may be cancelled without notice and will need to be rescheduled.

Scheduling Hearings 1 Hour or Less

All hearings 1 hour or less in length must be scheduled through the Circuit’s Judicial Automated Calendaring System (JACS). Available timeslots are 15 minutes, 30 minutes and 60 minutes.

Scheduling Hearings More Than 1 Hour

All hearings estimated to last more than 1 hour must be scheduled through the judicial assistant, preferably through the divisional email with all parties included.

Motions for Rehearing, Reconsideration and New Trial: Do not set for hearing. All Motions for Rehearing, Reconsideration or for New Trial are to be submitted directly to the judge 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 and enter an Order.

Cancellation of Hearings/Trials

General Information: JACS should be used to cancel hearings when possible. However, JACS will not authorize a cancellation when it results in short notice to the parties. When JACS does not permit a cancellation, the moving party may cancel the hearing only by emailing a copy of the e-filed Notice of Cancellation to the JA. Include all parties in that email. The JA will acknowledge receipt of the notice, cancel hearing and inform all parties the hearing has been canceled. If the parties have reached an agreement in a trial, a Notice of Settlement will not close the case. In order to close the case it must be done with an Order of Settlement etc.

Guardian, Administrator or Attorney Ad Litem Appointments

The Court will not consider any attorney outside the 12th Judicial Circuit for appointment as Guardian Ad Litem, Administrator Ad Litem and Attorney Ad Litem in any proceeding. Motions and Orders submitted to the judge’s office asking for appointment of an attorney outside the Circuit will be returned.

Ex Parte Motions and Orders

The Court will not accept, consider or rule upon any of the following motions sent to the judge’s office ex parte

1. Motions to Amend (once any party has filed an Answer or other pleading)
2. Motions for Default
3. Motions to Set Aside
4. Motions to Vacate
5. Any discovery motions (to Compel, for Sanctions, for Protective Order, etc.)

These motions will be returned to counsel. Counsel shall schedule a hearing with notice to all parties. Motions are set using our online automated scheduling system, JACS.

Civil Magistrate David Caskey

The Court recognizes that hearing time is often limited due to substantial demand. Therefore, the following matters shall be scheduled before Magistrate Caskey unless either side files a written objection: all motions directed to the pleadings, discovery, service of process, jurisdiction and arbitration. These motions are scheduled through Jessica Sherman, Magistrate Caskey’s Assistant at 941‐749‐3650 or email at JSherman@jud12.flcourts.org. 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.

Prior to scheduling a hearing before Magistrate Caskey the parties must complete the “Order of Referral” and submit the Order for entry to the assigned Judge. A form Order can be found under the Forms section of the Civil Division page.

The following is a list of motions that are to be scheduled with Magistrate Caskey, absent a written objection. The list below is not all inclusive. If you have a motion not listed below that is either discovery related or directed to a pleading, that motion should 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” has been filed.

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.)

Judicial Assistant cannot give legal advice!The judicial assistant cannot answer your legal questions and will not “explain” your situation to the Judge. Your opportunity to speak to the Judge happens only in court.

Getting Updates on Your Case

Attorneys and parties should not contact the judicial assistant 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: Litigation by letter or email (sending multiple competing letters/emails to the Court outlining disputed issues in an attempt to have the last word) is not permitted. If the parties cannot agree on the language of an order, scheduling, or any other routine matter, an appropriate motion should be filed and set for hearing.

Unless otherwise noted in these Requirements, documents should be sent to the Judge’s chambers using one or more of the following methods:

• Division D Email
• Florida Courts E-Filing Portal;
• hand delivery;
• U.S. Mail;
• or other standard delivery/courier service.

Agreed Orders

Agreed Orders/Judgments should be clearly indicated in the title of the order. The Court will not sign Agreed Orders/Judgments without written proof of agreement or consent by all parties.

Proposed Orders/Judgments

Proposed orders should be sent electronically in Word format to Circuit Civil Division D or through the e-Portal. Do not do both. If a proposed order is emailed, please include all email addresses for all parties on the certificate of service when available. If the email addresses are not provided on the proposed order, no one will receive the order. For orders submitted via mail delivery, please indicate in the cover letter that postage paid envelopes and copies for conforming are included. Parties shall only submit a proposed order when all attorneys or parties agree on the form. If there is a disagreement on the form, or an attorney or party does not respond within a reasonable period of time, you may then send the proposed order with a concise statement identifying the disagreement and the steps you took to resolve the dispute. The opposing attorney or party may submit at the same time an alternate proposed order. Orders submitted to the court for signature shall be submitted by only one method of delivery to avoid the same document being executed more than once.

All proposed orders sent by email must be sent in Word format or PDF, as directed by the Court. If you do not follow this procedure, the paperwork will be returned to your office.

Copies of pleadings, memoranda of law, case law, notices of hearing, etc. must be received by the Court at least five (5) working days prior to the hearing. Delivery may be made by hand or U.S. mail, but email delivery to Circuit Civil Division D is preferred. Due to Court Security protocol, we cannot click on outside links such as DropBox, Cloud based sites or Sharing sites. Documents must be submitted as PDF type documents. We cannot open Zip files or folders. If the courtesy copies have not been provided in a timely manner, the hearing may be cancelled without notice and will need to be rescheduled.

Emergency Hearings: “Emergency” motions must be filed with the Clerk of Court and served upon opposing party, except in those rare cases which permit ex parte relief. A copy of all motions requesting emergency hearing time shall be delivered directly to the judge along with a cover letter. The motion shall be detailed and include the amount of hearing time required. The judge will review the motion and determine whether an emergency hearing is required. If the Court determines that the motion is not an emergency, counsel will be notified to schedule a hearing on JACS.

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 well. If the hearing is permitted to be remote, hard copies of the exhibits shall be sent to Judge Whyte’s office no fewer than three days prior to the hearing. The above requirements include jury and nonjury trials.

Case Management: When a case is at issue and ready for trial, Counsel shall confer and select a case management date from the list of preset Case Management Conference (CMC) dates that can be found in the Judge’s area of the Circuit’s website and shall prepare an Order Setting Case Management Conference. The proposed order can be emailed to our office or mailed along with copies for conforming and stamped, addressed envelopes. Do not use both options, select one. All parties must be included in the email.

The parties are required to appear at the CMC unless a fully executed Stipulation for Trial and Order Setting Case for Trial and Referral to Mediation are prepared by counsel and submitted to the court for signature at least three (3) business days prior to the hearing.

All Case Management Conferences are set before the Judge using order/master calendar dates.

Pre-Trial Conference (PTC): Attendance at Pre-Trial Conference is mandatory. Counsel who will actually be trying the case or an attorney with authority to make all decisions shall appear at the Pre-Trial Conference. Counsel and self-represented litigants shall have conferred with all parties and witness to confirm their availability for the entire trial period prior to the Pre-Trial Conference.

Continuances: Trials are not continued by stipulation until a motion or stipulation stating the need for the continuance are received by the Court, the Court has reviewed the same and the Judicial Assistant has notified the parties after the Court has made a determination.

Pursuant to Rule 1.440(b) a notice for trial” announces that the action is at issue and “ready to be set for trial.” Continuances to complete discovery or for other reasons that suggest that the action is not ready for trial at the time the “notice of trial” was filed and served will be strongly disfavored and may result in it not being placed on a trial docket.

Pursuant to Rule 2.545(e), Florida Rules of Judicial Administration and Rule 1.460, Florida Rules of Civil Procedure, motions for continuance shall be in writing and must also be signed by the party, not just their counsel. The Court must approve stipulations to continue a trial, once the cause has been set on the trial docket.

Trial Schedule: After the Pre-Trial Conference, the trial schedule will be created and posted on the internet. It is the responsibility of the attorneys and all parties to see when their case is scheduled to begin. All counsel are advised that they will be subject to being called to trial any time during the trial period with 24 hours advance notice. Only the Court may remove a case from the “active” trial docket upon written request from either counsel, indicating that the matter has settled or otherwise resolved. A Final Judgment of Voluntary Dismissal (filed by the Petitioner/Plaintiff) or other final disposition (and final disposition form) must be filed with the Clerk of Court within thirty (30) days after written notice to remove the action from the “active” trial dockets. Failure to do so may result in sanctions.

Daubert Motions and Motions in Limine: Because of the substantial time required for Daubert hearings, counsel shall request hearing time at the earliest opportunity once the need for a Daubert hearing is identified. It is the court’s preference that the hearing be completed prior to the pretrial conference. To the contrary, motions in limine will generally not be heard until the case has been selected and set for trial following the pretrial conference and will be resolved before or during the trial period. Motions in limine shall not be scheduled for hearing without the court’s permission. Boilerplate motions in limine that seek an order enforcing standard rules of evidence are discouraged. Motions in limine should be tailored to each case and shall include: 1) the basis for the belief that opposing counsel will seek to introduce inadmissible evidence; and 2) the reason(s) that a contemporaneous objection would be insufficient and/or the prejudice that could result if the motion were not granted.

To access preferred division forms, visit the Civil Division page.