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  • Topics

  • Posts

    • Ok I will take it out.  It's in the ninth circuit judicial. Osceola county. I did a certificate if service and a proposed order, easy for the judge to sign. 
    • Rule 1.090 - TIME (d) For Motions. A copy of any written motion which may not be heard ex parte and a copy of the notice of the hearing thereof shall be served a reasonable time before the time specified for the hearing. I don't think the above rule needs to be cited.  It doesn't add anything.  I did a quick search don't know which circuit court you are in but some I looked at required following. All orders or final judgments shall include a certificate of service at the bottom of the order.  Please indicate the name of the party who is to receive the order, as well as that party’s e-mail/e-service address OR mailing address, if a hard copy is required. It's important you check online for your particular court how to file your motion the court vary in their rules.  Some courts when you are doing it in paper require x number of copies in envelopes (assume with postage) and the clerk will send it out to parties with notice of hearing) Others have you getting hearing date and sending out the motion and hearing date to plaintiff.     
    • Would it be helpful to add this #9: - Plaintiff had excessive amount of time to pay for the arbitration fee, regardless of change in counsel. Also, can you help with a summary?.. What else am I missing before I print all these pages? NOTICE OF DISMISSAL WITH PREJUDICE COME NOW the Defendant,_____________, Files a Motion To Dismiss With Prejudice Under Fla. R. Civ. P. 1.420(b) (b) Involuntary Dismissal. Any party may move for dismissal of an action or of any claim against that party for failure of an adverse party to comply with these rules or any order of court. Notice of hearing on the motion shall be served as required under rule 1.090(d) As amended through August 26, 2021 Rule 1.090 - TIME (d) For Motions. A copy of any written motion which may not be heard ex parte and a copy of the notice of the hearing thereof shall be served a reasonable time before the time specified for the hearing.  Plaintiff’s Failure To Comply with Judge’s Court Order States as Follows: 1.              Plaintiff e-Filed a Lawsuit against Defendant on 06/29/2020. 1st page included. Exhibit A. 2.              Order to Compel Private/ Contractual Arbitration and Stay The Case Pending Arbitration was Granted by Judge Gabrielle N. Sanders-Morency on August 18, 2020. Exhibit A. 3.              Defendant Complied with The Court’s Order and Paid The Arbitration Fee To Commence Arbitration November 30, 2020.  Exhibit B. 4.              JAMS Case Manager Contacted Plaintiff’s Attorney Recurrently with No Response (October 15, 2020; October 29, 2020; November 10, 2020; November 17, 2020; November 24, 2020; December 1, 2020; December 8, 2020; January 5, 2021; March 24, 2021). Exhibit C. 5.              December 8, 2020, JAMS Case Manager, Emily Cabrera, was advised Attorney Ida B. Paez Was No Longer with Andreu, Palma, Lavin & Solis Law Firm, However, Plaintiff’s Representing Firm Remained The Same; New Counsel Information Was Requested With No Response or Update.  Records From Court Case Showed No Change in Counsel Or Representing Firm as Of May 2021.    Exhibit D. 6.              December 23, 2020, Plaintiff’s Representing Firm Andreu & Palma Sent an Email To Defendant From The Same Email Address All JAMS Emails Had Been Sent To,  help@andreupalma.com, Asking Defendant To Contact Firm To Discuss and Resolve.  Neglectfully Bypassing The Judge’s and Court’s Order, and Neglecting Countless JAMS Request To Commence Arbitration.   Exhibit E. 7.              After Exhausting Contact, JAMS Case Manager Advised Case Would Be Closed The Following Week After April 15, 2021, Exhibit F. Having To Enforce Section 6(c) of its Rules, Rule 6(c):  If, at any time, any Party has failed to pay fees or expenses in full, JAMS may order the suspension or termination of the proceedings. Exhibit F. 8.              Defendant Contacted JAMS For Update and Was Provided an Email Confirmation Stating JAMS Case Is Closed.  Exhibit F.
    • @BV80 @Clydesmom Little late responding here but thank you for correcting my assumptions regarding § 811 above.@Macslick sorry if I caused any confusion, even if only briefly. Want to say I think I've been corrected on this before but, if so, it's been a few years and forgot. Need to stay in my lane (CA), lol.  
    • Exactly.  Although most OCs don't use small claims court, even if they could for small debts.
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