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SANCTIONS?? I just filed a motion for sanctions concerning Plaintiff's boilerplate responses, this, after a previous motion to

Fort Lauderdale, FL |

compel. The compliance to that motion by Plaintiff was to send the boilerplate answers to the interrogatories. (This is a foreclosure case) Included in the motion was the governing Florida statutes that expressly state that boilerplate will not be accepted; and, in addition, I identified appellate cases that directly apply to my situation. As a final nail, I attached exhibits that displayed the two dozen boilerplate answers in red, along with the interrogatories. What might be the "odds" of a monetary award, since I did suggest a dollar figure?.

Ok, all have stated no monetary sanctions for me. But then I wonder, if the facts are true as I've presented them, that there's been little to no compliance, state statues have been violated, I have cases supporting my position, and complete transcripts of plaintiff's bolierplate, and the judge rules against me, anyway, can this kind of motion be appealed? Or, are motions' decisions not appealable?

Attorney Answers 7

Posted

Monetary award: Minimal chance. Basically only if the judge gets really annoyed and decides to punish the other lawyer, even though case law does not support that type of sanction - no attorney means no attorney's fees as a sanction, and other monetary sanctions are unlikely.

But, keep at it. Eventually the judge may get annoyed enough to impose the one important sanction that case law does support: Dismissal of the case against you. (It would be without prejudice though, so it could be re-filed).

You should hire a lawyer if you want to play in this arena and hope to have a chance to win.

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us

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Posted

Probably slim to none. Unfortunately, most judges aren't holding foreclosure plaintiffs (or their lawyers) hands to the fire. Good luck!

If you think my response is the best response, it would help me if you would indicate that. Also, please note that my responses to question(s) are NOT legal advice from me to you because I am NOT your lawyer, you are NOT my client, and we do NOT currently have an attorney-client relationship. Thanks!

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Asker

Posted

Well, I'll hope for a little help on paper, ink, and gas expenditures. It may help that this is the second time I've had to compel....plus, just making them show up and explain feels like a victory....

Posted

Usually sanctions are attorney's fees. As you are not an attorney, no fees.

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Asker

Posted

Ok. So, then, there's nothing to stop the Plaintiff from abuse? The judge will just say, "bad, bad..." and so it goes? Business as usual?

Posted

I agree with others.

Sagi Shaked is a Florida Bar Board Certified Civil Trial Attorney. To schedule a free consultation, call (877) 529-0080 or (305) 937-0191. I am licensed in Florida, therefore, my answers are based on general prinicpals of law or Florida law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only and do not create an attorney client relationship. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is different and fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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Posted

Fear not - you will get the best answer to your inquiry shortly when the judge issues a decision/order on your motion.

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Posted

In general, attorneys' fees and/or sanctions are RARELY awarded in my experience in NJ and NY.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

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5 comments

Asker

Posted

Is an adverse motion ruling appealable?

Matthew C Simon

Matthew C Simon

Posted

IN NJ, you have 20 days to file a Motion for Reconsideration. After that, you need to file an Appeal (which is extensive and expensive). You really should hire an attorney at this point. This is a complex situation. Good luck.

Asker

Posted

Thanks. No need for a lawyer. I have AVVO. :)

Matthew C Simon

Matthew C Simon

Posted

I just beg of you to be careful. You just cannot forsee many issues, defenses and weapons at your disposal b/c you do not do this for a living. I wouldnt try to take out my own appendix. I would hire a doctor. I would not try to fill a cavity. I would go to a dentist. I am not doubting your intelligence or ability, but I think you understand my point. With all of that said, best of luck. =)

Asker

Posted

Sure, yes, I understand. But, for my purposes, an attorney would not really contribute too much to the outcome. Plus, I'm learning so much that it gives me reason to pop out of bed, eager to charge the windmills....

Posted

Sanctions for discovery violations are usually awarded in the form of payment of attorney's fees. Because you are pro se, the judge will probably not award monetary sanctions. I suggest that you retain an attorney to help you defend the foreclosure action. Oftentimes, banks know that they can get away with a lot more when the defendant is pro se. Many attorneys on here, including myself, offer free initial consultations. Best of luck!

Natalie Guerra-Valdes
(954)764-7878
nvaldes@valdeslawfirmpa.com
www.valdeslawfirmpa.com

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