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Defendant failed to oppose a motion to strike affirmative defenses. Can she appeal the granting of the motion?
Miami, FL
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Posted about 1 month ago in Appeals
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The hearing in the trial court addressed two motions: (1) motion to strike all affirmative defenses and (2) motion for partial summary judgment on civil theft cause of action. Defendant made written argument against motion for partial summary judgment on civil theft, but made no written argument against the striking of affirmative defenses. In fact, her written argument said specifically that it applied only to the civil theft cause. Neither Defendant nor her lawyer attended the hearing, even though they were properly noticed. After the ruling against them (granting striking affirmative defenses and partial summary judgment on civil theft), neither Defendant nor her lawyer asked for a re-hearing. Instead, they appealed.
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Answers (1)
Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted about 1 month ago.
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Any final order can be appealed. In many appellate courts, the ruling on a motion to strike is not considered a final order. What does the ruling order indicate?
Appeal issues such as this sound easy when you write them but are really rather complex. I'd check with a skilled appeals lawyer in Miami to go through this situation. The entire record, in context, needs to be reviewed. "And the old saying is, even when a lawyer represents himself he has a fool for a client." Lopez v. Johnson, 175 F.3d 1120, 1122 (9th Cir. 1999); Abraham Linoln is supposed to have said during his career as an Illinois lawyer "if a laywer defends himself he has a fool for a client." You can miss defenses and say the wrong things if you are not represented by an advocate as your attorney. Still, it is not recommended to try and defend yourself. Check with a Miami, FL lawyer in your locale to discuss more of the details. Good luck to you. God bless. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. |
