What if I withdraw a motion?

Asked about 1 year ago - Key Biscayne, FL

I made a motion for rehearing of a summary judgment. Actually, it was a partial summary judgment that was mischaracterized in the order as a "final summary judgment". This mischaracterization is, of course, one of the things I want to object to. Anyway, I made a motion for rehearing, and now I want to change it and refile it in a few days. One of the reasons for this is that I want a few days to file some other motions before the judge denies this motion for rehearing, which is what I think will happen. Of course, I intend to file an amended motion for rehearing before the 10 day limit. My question is if I file a notice of withdrawing the motion for rehearing, do I even have the right to refile, or this the withdrawal considered a relinquishment of the right to request a rehearing?

Attorney answers (2)

  1. Stephen Brian Bull

    Contributor Level 11

    Answered . I agree with my colleague. You need to actually bite the bullet and pay for an actual consultation with an attorney.

    Scott,Harris,Bryan,Barra&Jorgensen,P.A.: (561)624-3900: sbbull@scott-harris.com. This response is not intended to... more
  2. Steven Parnell Weaver

    Contributor Level 13

    Answered . You need an attorney.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

21,849 answers this week

2,723 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

21,849 answers this week

2,723 attorneys answering