Archived
What are my steps to having my side heard after being denied by a judge for a hearing for a retrial that never took place?
Will's answer
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Answered on February 06, 2014
If you can't get relief in the trial court (see the excellent prior answer) then you are left with appeal. I doubt the wisdom of that based on the...
Archived
At what stage can/should an Appellant to the DCA file a subsequent/additional brief after the filing of its Initial Brief?
Will's answer
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Answered on February 06, 2014
Typically facts are proven in the trial court. If you are talking about new evidence, that is different than something you would raise for the...
Archived
BY WAY OF CONFIRMATION, WHAT IS THE CITATION FOR CASE SC09-2263?
Will's answer
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Answered on February 05, 2014
Here is a link to someone's motion citing that case. I didn't independently check the cite.
Archived
Ref a 57.105 claim (see particulars below), am I responsible for hearing transcript costs?
Will's answer
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Answered on February 04, 2014
As stated, if your agreement covers this exact situation then that should control. If not, keep in mind that the lawyer is investing time that no...
Archived
I filed for a dv injunction and it will expire in april. What happens after it expires? Do I have to go back to court?
Will's answer
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Answered on February 04, 2014
If it is set to expire and you don't want to extend it, I don't see why you need to do anything.
Archived
Can an order for default on a debt be entered for not showing up on motion to strike aff. defenses?
Will's answer
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Answered on January 29, 2014
If all that was noticed for hearing was motion to strike affirmative defenses and that motion did NOT seek to file your answer, I don't think a...
Archived
Foreclosure case in court over five years, bank files Motion for final judgment of foreclosure, no standing what to do next?
Will's answer
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Answered on January 28, 2014
If I understand the question, wrong plaintiff the first time and now the right plaintiff is trying. If so, they should be able to reach merits of...
Archived
What is my best course of action in recouping losses from a roommate who stole from me while I was incarcerated?
Will's answer
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Answered on January 27, 2014
See Florida Statutes Section 95.11(3)h and i and o. I think your cause of action is arguably time barred. You may be able to argue the...
Archived
Misfiled Writ of Prohibition. What action is needed to correct the filing?
Will's answer
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Answered on January 24, 2014
I think you are saying you applied to the DCA for a writ, and the DCA remanded your request to the Circuit Court Appellate Division. If so, check...
What is the Time Limit to File a Motion for Reconsideration and/or An Appeal on a Final Summary Judgment in Florida?
Will's answer
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Answered on January 24, 2014
Sorry you're in such a spot. I would IMMEDIATELY meet with bankruptcy counsel, bringing with me all the relevant documents, including the file in...
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