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In my FORECLOSURE case can I FILE a MOTION TO DISMISS FOR FRAUD ON THE COURT and NON-STANDING in the following circumstances?

Orlando, FL |
Filed under: Lawsuits and disputes

At the Summary Judgment HEARING the SENIOR JUDGE refused to grant me extra time, over and above the 10 minutes allowed to present my case of over 100 pages including 30 exhibits, was EXCESSIVELY BIASED and RUDE, had no knowledge of REMIC Trusts or the Florida Rules of Civil Procedure, and presented the entire case for the Plaintiff without the embarrassed, inexperienced attorney in attendance taking part in the proceedings.

I filed for a Re-Hearing with extra Fraud on the Court and Non-Standing issues in terms of S 1.540(b) and it appears that the case was transferred to a Circuit Court Judge.

Am I permitted at this stage to file a MOTION TO DISMISS FOR FRAUD ON THE COURT AND NON-STANDING, as I have two others ready to file in 2 days: A Motion to Disqualify and Emergency Motion for Stay?

Attorney Answers 2


  1. You've already lost the motion for summary judgment, primarily because the court doesn't operate the way you think it should operate. So learn from your mistakes!! Hire a foreclosure defense lawyer before you also lose these new "motions" you've concocted.

    I often take cases other attorneys won't, so call me for a free consultation. My number is 727-712-3333, or you can view my website at www.TampaConsumerLawyer.com


  2. If you were in county court and now are in circuit court, it sounds as though you took an appeal from the summary judgment granted. If that is the case, then you are beyond the filing motion stage, since the original court no longer has jurisdiction of the case.

    Look, I know that lawyers charge money, a lot of money, for representation. But, you are not savvy to the procedures of setting hearings. I suppose you did not have a court reporter present at the hearing on the Motion for Summary Judgment. If not, how would you prove to an appellate court that you were given inadequate time to present your position?

    Please also consider that you may need legal counsel if only to be able to properly preserve your position for an appeal. Complaining about the judge and filing one motion after another and having more to file will not mean a thing if you can not properly have your motions heard.

    I hope you found this response to be helpful. If so, your clicking "helpful" and/or "best answer" helps my Avvo rating and would be appreciated. This answer shall not be considered rendering legal advise but instead a general response to a general question. Avvo is a wonderful resource but nothing can substitute for an in-depth consultation face-to-face with a lawyer. The response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.

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