K2forHelp

Need Help Finding Lawyer in Florida

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Hello:

 

I need help finding a lawyer would be willing to request a re-trial after default judgement has been served. 

 

I am disabled and hired an attorney when I was originally sued in April of this year. He "resigned" 2 working days prior to the 20 day limit of answer. I relapsed, and was unable to get another attorney or find out about the court date, etc. A motion for final judgement was entered Oct 2013 and granted Nov 2013.

 

I would like a re-trial based on the original attorney's resignation 2 working days prior to answer as I am totally disabled and am not able to defend myself nor could I hire an attorney in that brief of time.

 

If this is not feasible, let me know that as well. 

 

Please advise,

K2

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Email him and see if he can help you, he is one of the best attorneys in Florida.
Ask if he can do some pro bono work.

 

W. David Jester
Director
Main Office:
Pensacola
118 East Garden Street
Pensacola, Florida 32502
Office: (850) 436-7000
Fax: (850) 436-7099
Additional Offices: Mobile & Tampa

djester@gjtbs.com

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You may have waited to long to request a New Trial or Motion to Set Aside Default Judgment

 

A default judgment can be generally defined as a judgment entered by the trial court, at the plaintiff’s request, based on a defendant’s failure to appear and file an answer within the time allowed by law. 
 
Generally, a defendant’s failure to answer a petition equates to an admission of all facts properly pleaded in plaintiff’s petition, except as to unliquidated damages, as well as a waiver of any affirmative defenses. 
 
Florida Rules of Civil Procedure
RULE 1.530 MOTIONS FOR NEW TRIAL AND REHEARING; AMENDMENTS OF JUDGMENTS

 

(a) Jury and Non-jury Actions. A new trial may be granted to all or any of the parties and on all or a part of the issues. On a motion for a rehearing of matters heard without a jury, including summary judgments, the court may open the judgment if one has been entered, take additional testimony, and enter a new judgment.

( b ) Time for Motion. A motion for new trial or for rehearing shall be served not later than 10 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action. A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined.

( c ) Time for Serving Affidavits. When a motion for a new trial is based on affidavits, the affidavits shall be served with the motion. The opposing party has 10 days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits.

(d) On Initiative of Court. Not later than 10 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party, the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party.

(e) When Motion Is Unnecessary; Non-jury Case. When an action has been tried by the court without a jury, the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection thereto in the trial court or made a motion for rehearing, for new trial, or to alter or amend the judgment.

(f) Order Granting to Specify Grounds. All orders granting a new trial shall specify the specific grounds therefor. If such an order is appealed and does not state the specific grounds, the appellate court shall relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial.

(g) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment shall be served not later than 10 days after entry of the judgment, except that this rule does not affect the remedies in rule 1.540( b ).

 

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