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Are there Sanctions or any step to be taken when Plaintiff's attorney that did not win lawsuit in small claims court has not

Miami, FL |

Submitted the order after 1 month and a half and the case still shows as " undisposed " on the docket. It has already been ruled by the judge. What do I do? Does my attorney needs to contact Plaintiff's attorney? Could it have been done maliciously to avoid an appeal by defendant? How long after the ruling should the " plaintiff " submit order? It has been well over a month. This was a frivolous lawsuit.

Attorney Answers 2

Posted

Your attorney can submit the paperwork to end the case if he wants. He does not have to wait for the Plaintiff's attorney to do it. He just has to send copies to opposing counsel. Hard to understand the balance of your request. Appeal? Ruling was against you? Why are you rushing to get it then? You want to appeal? Is there a basis for it? If the Judge ruled against you apparently he did not believe it was frivolous. His opinion unfortunately matters more than your assessment. Review the matter with your attorney.

The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505

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5 comments

Asker

Posted

Ruling was not against me, was no party wins, I had a Counterclaim. And had great evidence and payed for Court Reporter. But I understand that there is only 30 days to appeal, so I thought that the delay was malicious. Thank you.

Barry A. Stein

Barry A. Stein

Posted

30 days from the date the Final Judgment is entered not the date of hearing.

Asker

Posted

Thank you, you are great.

Asker

Posted

Final Judgement = Judge Ruling, right?

Barry A. Stein

Barry A. Stein

Posted

Written ruling, not oral pronouncement. You need to make sure what is i nthe Court File and that a final written ruling was not already entered by the Court.

Posted

Hard to tell what the problem actually is. Talk to your lawyer and ask him about the steps and what to expect next. He knows the facts and tried the case!

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