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I am being sued by an HOA for a moot issue. I told them they can have judgment but they don't want a conclusion.

West Palm Beach, FL |

They keep filing motion after motion. Their purpose is to harass and ring up my legal bills. There is a lot of bad blood between myself and them. Is there a why I can get the judge to end this case without the Plaintiff's permission by asking the judge to rule in the Plaintiff's favor?

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Attorney answers 3

Posted

If you have legal counsel, not sure from your question if you do, you may want to make an offer of judgment, and if they do not accept, they can be liable for your attorney fees if they do not get a percentage more than what you offer. There are numerous pitfalls in perfecting such an offer, but it is a feasible strategy to talk about with your counsel if you are willing to settle for as much as they can get in court. You need to be careful what you concede in court, because certain concessions can have collateral consequences.

This answer does not establish an attorney client relationship, nor does it constitute specific legal advice.

Asker

Posted

I am not represented by an Attorney. They are asking for injunction relief against a type of pet I no longer have. I want this case to end but to end it they will want a permanent injunction but then as soon as they get it, they will go back to court this time with a show cause claiming I violated the court order of injunction relief even though I didn't. The HOA docs are written in such a way that I have to pay their attorney fees if they are enforcing the rules regardless.

Posted

You can file a motion to dismiss and state the issue is moot. Then the HOA can only file for attorneys' fees and costs. Depending on how long the issue has been moot, the judge may have concerns with awarding them fees for frivolous motions. I suggest you hire a HOA lawyer in your area to at least represent you at the fee hearing. There are several good attorneys here.

This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case.

Asker

Posted

Hi Barbara, I am claiming the issue is Moot because my house is going to be sold at foreclosure auction on July 30th. I was speaking figuratively. Only experts like you guys know whether it is mute or not. This Civil case they filed has now lasted 18 months and I represented myself. They are asking for an injunction baring me from specific behavior that they claim I am doing inside my house. Can I claim the case is moot a month before the house goes to the bank because practically speaking it is, or by law, literally, is it only moot after I leave the house. Also, if the law says it is only moot after I leave my house, can a judge still say it is moot because the last time in Court the judge got quite angry with them and he might just sock it to them. About what you said about a fee hearing, is there a separate hearing just for fees or does the judge just reward legal fees and cost at the same hearing as the judgment.

Posted

If the issue is moot, the case should be dismissed.

If this answer was Helpful or the Best Answer, please click above to let me know. Representing clients on Commercial & Residential Real Estate matters Statewide for over 13 years. Development / Purchasing / Leasing / Foreclosure / Eviction / HOA.

Asker

Posted

Hi Samuel, I am claiming the issue is Moot because my house is going to be sold at foreclosure auction on July 30th. I was speaking figuratively. Only experts like you guys know whether it is mute or not. This Civil case they filed has now lasted 18 months and I represented myself. They are asking for an injunction baring me from specific behavior that they claim I am doing inside my house. Can I claim the case is moot a month before the house goes to the bank because practically speaking it is, or by law, literally, is it only moot after I leave the house. Also, if the law says it is only moot after I leave my house, can a judge still say it is moot because the last time in Court the judge got quite angry with them and he might just sock it to them.

S. David Cooper

S. David Cooper

Posted

Moot is moot. Either it is or it is not. There is no "maybe". If the prohibited behavior is continuing, the issue is not moot -- even if it will only continue for another month. If you do not care about having a judgment against you, I am not sure why you keep defending the case. Additionally, if you have no attorney, what legal bills are they running up?

Asker

Posted

In regards to what you said about "no in between", I have been doing some research and I know we are in Florida and Federal Civil doesn't apply but a lot of Florida Civil is modeled after Federal Civil, of course it depends on what parts. But in federal court there are exceptions to what you said if I understand it correctly. For example, the ability to reach a conclusion in Court before the matter is moot makes it moot. In other words, if there is no way the other party can get relief in the 30 days before I move, it can be declared moot. It is moot because it is pointless. They filed a SJ for December but they can't win it, not with the 100 pages they wrote. But even if they could, it will be moot. Is there a Florida Statue or procedure that gives the same exception as federal?

S. David Cooper

S. David Cooper

Posted

Like I said. Moot is moot. Your argument is that the issue is moot, so it is moot. Well, yea. That is what moot is moot means.:)

Asker

Posted

I don't understand your answer. I asked you if similar exceptions exist under Florida law as Federal?..:-).