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A hearing was set but I was never served with the Motion

Boca Raton, FL |
Filed under: Family law

I have an upcoming hearing (next week) on an Motion and Affidavit in a contempt order. I have paid the "purge" that was required. I am supposed to "return" property that was awarded to me in our MSA according to the Order. I have filed an appeal with the DCA and filed a Motion to Stay Enforcement, but it won't be able to be heard by the Judge in time since I only received 10 days notice of the hearing. My question is . . . I was never served with the original Motion and Affidavit but there was a hearing set and I did receive notice of that. Is there a procedural rule that can automatically continue this hearing since I was never served with the original Motion and Affidavit?

Attorney Answers 4

  1. Do you have the motion and affidavit now? If you have never seen it then you might be able to argue at the hearing for a continuance to have time to prepare but it sounds like a stretch. It also depends on the judge and what they are in the mood to do that particular day. Does the other party claim the motion was sent to you?

    You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

  2. Are you saying you filed an Appeal Pro Se? Is it on the same issue as the Contempt Motion is for? It sounds like we are missing some important facts.

    This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272

  3. While you may be able to obtain an adjournment, your best bet would be to consult in person with a local family law attorney. Search on Avvo or call around, but don't wait!

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. You should not rely upon free legal advice and I disclaim any liability for the results if you do.

  4. In order to give you the best answer to this question, I would need to see your final judgment and any settlement agreements. I would send the Judge a letter with a copy of your Motion to Stay and request a brief hearing before the hearing or at the hearing on the enforcement matter. Please make sure that you order a court reporter since you may want to ask the appellate court to review the trial court's stay order, if denied. I would go to the clerk of court to get a copy of the motion. I highly recommend speaking to a lawyer.

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