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About FightingInFL

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  1. Thanks FSUgirl07 and Kutuzov. I had the MTD to dismiss for failure to post bond and the day I was going to file - they posted bond. Which still leaves me with original problem - Judge verbally ordered them to prepare an order denying my original MTD and to provide the notice of assignment and account statements. 35+ days later they finally gave the order to the judge (FL Bar conduct states that atty should have prepared order by the next business day and given to me for review before sending to judge - of course they dont' follow the rules of conduct). The order the judge signed made no mention of the verbal order to provide the notice of assignment or account statements - just that I had 20 days to submit a responsive pleading (to the original complaint). They still haven't submitted the docs and I don't know to handle this since it wasn't a written order. Do I call the court and make sure the verbal order is in the case file and if so file another MTD? Do I just file my responsive pleading to the complaint and include the fact that the judge verbally ordered them to supply the docs within 20 days of hearing when I state my affirmative defenses?
  2. Thanks all. Case is in County Civil (just under $15k alleged). My answer to action shouldn't need to be filed until 10 days after the order on the last motion is filed - the problem is that the judge VERBALLY ordered opposing counsel to write the order, but it has been 20+ days and he/they never wrote the order (denying the motion and requiring the submittal of docs within 20days). According to the Florida Bar, opposing counsel should have prepared the order the next business day, sent to me for review and then to the judge for signature. 20 days have passed since I filed the "notice of failure to post nonresident cost bond", so I can file MTD dismiss on that (and have it prepared and ready to file) - BUT....... I want to also let the judge know that it has been over 20 days since they were verbally ordered to prepare the order and to submit the notice of assignment within 20 days. I wasn't sure if I should file MTD for bond and MSJ for failure to provide notice of assignment. MTD: FL R.CivP 1.420( states "Any party may move for dismissal or 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." It was a verbal order so not sure if that counts. MSJ: FL R.CivP 1.510( states "For Defending Party. A party against whom a claim, counterclaim, crossclaim, or third-party claim is asserted or a declaratory judgment is sought may move for a summary judgment in that party's favor as to all or any part thereof at any time with or without supporting affidavits." An example would be 15 Fla. L. Weekly Supp. 365b Midland -vs- Gladys Hill. If the order had been filed I would file the MSJ, but since it was a verbal order --- I'm not sure....although the more I think about it the more I think I should file MSJ as the judge should have notated what she verbally ordered and that they failed to comply.
  3. @kutuzov @racecar @FSUgirl07 @DUkester2000 or any other FL member or admin that can offer advice, I would greatly appreciate your thoughts/advice. Thank you!
  4. History: Served by JDB, I filed MTD, MTD denied. Judge ordered opposing counsel to submit an order denying the motion and requiring the submittal, within 20 days, of the alleged notice of assignment (condition precedent to bringing action) and other alleged docs to support cause of action. FL Bar conduct states that atty should have prepared order by the next business day and given to me for review and then sent to judge. I also filed a MTD to dismiss for failure to post nonresident bond. More than 20 days have passed and atty has not prepared order, supplied docs or posted bond; so they are stalling. I can't find anything in the FL rules of civil procedure or FL Statutes that cover this. How do I proceed? I have prepared MTD for failure to post bond but I'm not sure if I should include failure to prepare order and provide docs in that MTD as well, or if I should file the MTD for bond and a MSJ, or should I handle some other way. I am unemployed and have no money for atty, so thank you for any info you can provide. Please help.
  5. Thank you Kutuzov. No pre trial conference, just a hearing on my MTD. I have seen objections to witnesses appearing telephonically, but I hadn't seen any objections to atty appearing telephonically. I've googled and haven't found an example, do you know of any source? Can they bring up anything else during the hearing other than to argue the merits of my MTD? It has been more than 30 days since complaint and no bond filed, so tomorrow I'm gong to notify them (via the email) of the JDB's failure to post a non-resident cash bond.
  6. JDB filed complaint (in FL) as Account Stated. I filed MTD and Plantiff's atty has notified me of hearing on the MTD. They will be appearing telephonically. I was surprised JDB atty scheduled the hearing, as the court clerk said I would need to call back 10 days after filing MTD to schedule the hearing. Should I expect anything other than to argue the merits of my MTD.