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Absolute Resolutions Investment Lawsuit filed against me


Vaness@
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As suggested, I will be putting in a Proposed order for the judge.  Is this ok?

IN THE CIRCUIT COURT OF THE _____________________L 

                CASE NO. 2____________

ABS

Plaintiff,

vs.

ME

Defendant.

                         ORDER TO DISMISS WITH PREJUDICE
The foregoing Motion having come before the Court and having been duly considered, it is hereby ORDERED:

_______ GRANTED      /    _______ DENIED

This _____ day of _________________, 2021

By: ________________________

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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.

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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. 

   

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  • 2 weeks later...
1 minute ago, Vaness@ said:

Oh, I hope so!  Thanks so much @Bulldoger

Do you have any feedback @BackFromTheDebt @BV80 @fisthardcheese I was wondering what that Court's Case Manager doc is?

That is internal, like clerk said not a lot has happen on your case. The computer flag it. It's telling clerk that case is up for dismissal inactivity. 

 

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12 hours ago, Vaness@ said:

Oh, I hope so!  Thanks so much @Bulldoger

Do you have any feedback @BackFromTheDebt @BV80 @fisthardcheese I was wondering what that Court's Case Manager doc is?

It appears to keep track of (manage) the lawsuit.  Here is a sample Case Management Plan for a FL Circuit Civil lawsuit.

https://flcourts18.org/docs/cir/Example_Exhibit_A.pdf

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  • 2 weeks later...

Did they mail this to both parties or just you? Someone either you or Plaintiff attorney needs to get a hearing scheduled before judge will rule on dismissal. Since you are making the motion It appears you need to schedule a hearing.  IDK how to do that in Florida.  May be as simple as calling clerk getting time and date of hearing and mailing notice of hearing to plaintiff stating time and date.  

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7 hours ago, Vaness@ said:

Hello all :) I wanted to update... these are the notes so far: 

 

image.png.3dcab81945188b213c6fb1a0a86f8f37.png

There is a stamp with highlight stating Attorney must schedule Motion for hearing.  Courts are not setup for ProSe Prosecution.  The Attorney mention in Stamp is you. Judge does not want to rule Ex parte (without other party) on your motion.  You need to setup a hearing date and time with court for Plaintiff to have a chance to present why the case should not be dismissed.  

You will need to check rules call Court clerk and see when is next available court date. File a Notice of hearing .  Find out if  you have to file a certification of service with notice of hearing. 

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Thank you so much @Bulldoger you are such a wealth knowledge! I thought after this motion the judge would either  approve or deny the motion, but I guess I have to set up a hearing... Do I have to have a case set up by then?... 

Does anyone have any experience with this in Florida? @BV80 @fisthardcheese @BackFromTheDebt

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26 minutes ago, Vaness@ said:

Thank you so much @Bulldoger you are such a wealth knowledge! I thought after this motion the judge would either  approve or deny the motion, but I guess I have to set up a hearing... Do I have to have a case set up by then?... 

Does anyone have any experience with this in Florida? @BV80 @fisthardcheese @BackFromTheDebt

Call your clerk of court.  Tell him/her you need to schedule a hearing for the motion you filed on ___________ (date).  The opposing attorney must receive notice of the scheduled hearing.  Your court probably has a form that can be be filled out and sent by you to the other party.  Ask the clerk about that.  I would send it by certified mail.   

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2 hours ago, BV80 said:

Call your clerk of court.  Tell him/her you need to schedule a hearing for the motion you filed on ___________ (date).  The opposing attorney must receive notice of the scheduled hearing.  Your court probably has a form that can be be filled out and sent by you to the other party.  Ask the clerk about that.  I would send it by certified mail.   

This shows why it is extremely important to learn the Rules for Civil Procedure (RCP)  for your court.  The Rules vary from state to state and often from county to county within a state.  Not to mention, different types of court within the same county may have different Rules.  
 

A lawyer would know the Rules already.  A pro se is expected to learn the RCP and abide by the Rules.  Failure to do so could lose a case.  

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I am pretty savvy and smart but I feel completely incompetent when it comes to this, maybe it's the anxiety of it... What it represents and gives me an extreme mental block, and anxiety that makes me procrastinate... However I just pulled the RCP and if I have to, will go to court house and talk to a clerk for more clarification. 

Thank you for your help and push. I'm gonna get this head on.

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