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10-02-2008, 06:17 PM
| | Junior Member | | Join Date: Aug 2008
Posts: 9
| | | Time Limit on Judges Order
What is the name of your state (only U.S. law)? Florida
In my case, my ex husband filed a motion to recoup funds that were paid to me as part of a court order and subsequently reversed on appeal from the appellate court. The Civil Circuit ordered former husband to produce all copies of checks he paid me and a copies of legal bills from his attorney , to be sent to me, so I can agree or disagree on this amounts. It is now 3 months since this order and former husband has not produced them for my inspection. The GM did not put a time limit on the order, so my question is , is there a timeframe in which this has to be done, or can he drag it on for months, years before this is decided.
It is important to me, becuase I am trying to change the venue to the county my daughter and I live in and I believe he is stalling so I cannot transfer the case. As always appreciate your time and dedication.
Kat |
10-02-2008, 07:27 PM
| | Senior Member | | Join Date: May 2004
Posts: 33,549
| | Quote:
Originally Posted by KatinFla  What is the name of your state (only U.S. law)? Florida
In my case, my ex husband filed a motion to recoup funds that were paid to me as part of a court order and subsequently reversed on appeal from the appellate court. The Civil Circuit ordered former husband to produce all copies of checks he paid me and a copies of legal bills from his attorney , to be sent to me, so I can agree or disagree on this amounts. It is now 3 months since this order and former husband has not produced them for my inspection. The GM did not put a time limit on the order, so my question is , is there a timeframe in which this has to be done, or can he drag it on for months, years before this is decided.
It is important to me, becuase I am trying to change the venue to the county my daughter and I live in and I believe he is stalling so I cannot transfer the case. As always appreciate your time and dedication.
Kat | You aren't going to be able to change the venue in the middle of a specific action anyway.
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in vino veritas |
10-02-2008, 07:55 PM
| | Junior Member | | Join Date: Aug 2008
Posts: 9
| | | Thank You.. I understand about the venue change..
but what about the Order.. is there a time limit for him to follow the GM's directions or does it stay open forever ?
thanks
Kat |
10-02-2008, 08:11 PM
| | Senior Member | | Join Date: Aug 2004 Location: Central Florida
Posts: 3,703
| | Quote:
Originally Posted by KatinFla Thank You.. I understand about the venue change..
but what about the Order.. is there a time limit for him to follow the GM's directions or does it stay open forever ?
thanks
Kat | If there's no time limit in the order, it is enforceable at any time.
Wait about 3 to 6 months, if he still hasn't given you the papers you can send him a request by mail. Send it certified return reciept to be able to prove that he recieved it. If he still doesn't obey the order after that, you can file a motion asking the court to set a time limit. |
10-02-2008, 09:17 PM
| | Junior Member | | Join Date: Aug 2008
Posts: 9
| | | Thank you Gracie and all the wonderful folks on this board. |
10-03-2008, 08:19 AM
| | Senior Member | | Join Date: Nov 2005
Posts: 3,693
| | Quote:
Originally Posted by KatinFla Thank you Gracie and all the wonderful folks on this board. | You're welcome and spread the word to others that if they think that men are just going to lay down and let the family courts walk all over them as in the past, let this case be an example!!
To the one-sided family court system especially in Florida; there is a HIGHER court!! |
10-03-2008, 11:04 AM
| | Senior Member | | Join Date: Jun 2007 Location: Rat Race of New Jersey
Posts: 1,198
| | | I dont know Bali - I mean, she was paid as per a court order, she didn't file a motion of contempt to indicate otherwise (or didn't mention it here) and yet he has the burden of now proving that he paid it in the first place? Sounds like the typical family court scenario whereby instead of making a ruling, they thrown some hogwash in there to delay and the folks have to retain counsel once again to go back...
Considering the appellate court granted the reversal, one would think both of their attorneys already had the bills...
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10-03-2008, 11:57 AM
| | Senior Member | | Join Date: Nov 2005
Posts: 3,693
| | Quote:
Originally Posted by tuffbrk I dont know Bali - I mean, she was paid as per a court order, she didn't file a motion of contempt to indicate otherwise (or didn't mention it here) and yet he has the burden of now proving that he paid it in the first place? Sounds like the typical family court scenario whereby instead of making a ruling, they thrown some hogwash in there to delay and the folks have to retain counsel once again to go back...
Considering the appellate court granted the reversal, one would think both of their attorneys already had the bills... | Yes, I agree with you tuffbrk. And they are still ordering HIM around to wit: The Civil Circuit ordered former husband to produce all copies of checks he paid me and a copies of legal bills from his attorney , to be sent to me, so I can agree or disagree on this amounts. It is now 3 months since this order and former husband has not produced them for my inspection.
If he paid, then it's been paid whether she agrees or not!!
You don't suppose the court is jerking his chain because the husband went over their heads and showed them what unfair, one-way dummies they are do you??  |
10-03-2008, 10:06 PM
| | Senior Member | | Join Date: Aug 2004 Location: Central Florida
Posts: 3,703
| | Quote:
Originally Posted by Bali Hai To the one-sided family court system especially in Florida; there is a HIGHER court!! | Problem with that is that the wronged party needs to have ALOT of money for an attorney in order to be able to even file an appeal. Believe me, an appeal CANNOT be done pro-se, the pro-se appellant or appellee ALWAYS loses. |
10-04-2008, 10:41 AM
| | Senior Member | | Join Date: Nov 2005
Posts: 3,693
| | Quote:
Originally Posted by Gracie3787 Problem with that is that the wronged party needs to have ALOT of money for an attorney in order to be able to even file an appeal. Believe me, an appeal CANNOT be done pro-se, the pro-se appellant or appellee ALWAYS loses. | Yes, you're right Gracie. Good point. Same problem in NY.
That's part of what these one-way man-hating judge base their decisions on; that the poor guy won't have the money, or the will left, to perfect an appeal!! |
10-08-2008, 09:21 AM
| | Senior Member | | Join Date: Jun 2007 Location: Rat Race of New Jersey
Posts: 1,198
| | Quote:
Originally Posted by Gracie3787 Problem with that is that the wronged party needs to have ALOT of money for an attorney in order to be able to even file an appeal. Believe me, an appeal CANNOT be done pro-se, the pro-se appellant or appellee ALWAYS loses. | Absolutely! And now his Ex is waiting around for him to produce proof that he paid for her inspection - as per family court. It's ridiculous the hoops you have to jump through to obtain a sensible ruling from family court...simply ridiculous and the laws won't change as it's in the best interests of the courts to keep everyone coming back again and again and again...this way everyone in the court house stays employed.
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