• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Final Judgement?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Phoenix2003

Junior Member
What is the name of your state? Florida

I realize I am in over my head at this point and am hiring a lawyer this week but this something I truly do not understand and would like outside perspectives so I can form a more objective opinion in the matter and proceed from there. Ok here goes...
A TEMPORARY ORDER was issued in April of 07.
May of 08 I seek to vacate a portion thereof the temporary order.
It was denied on the basis of Florida Rule of Civil Procedure 1.540. Which clearly (at least to me I guess) applies to final orders. And I was apparently 19 days out of the one year provided under the assumption of it being a final order.
Please if I am reading into it too much or thinking too hard let me know. But I don't get how the paper the order is written on says temporary in big black bold letters...underlined no less:rolleyes: but yet I was denied because it is being taken as a final order.It makes no sense to me. But please if anyone has any thoughts or opinions as to how to appeal this or if I'm SOL let me know.Thx.What is the name of your state?
 


Gracie3787

Senior Member
What is the name of your state? Florida

I realize I am in over my head at this point and am hiring a lawyer this week but this something I truly do not understand and would like outside perspectives so I can form a more objective opinion in the matter and proceed from there. Ok here goes...
A TEMPORARY ORDER was issued in April of 07.
May of 08 I seek to vacate a portion thereof the temporary order.
It was denied on the basis of Florida Rule of Civil Procedure 1.540. Which clearly (at least to me I guess) applies to final orders. And I was apparently 19 days out of the one year provided under the assumption of it being a final order.
Please if I am reading into it too much or thinking too hard let me know. But I don't get how the paper the order is written on says temporary in big black bold letters...underlined no less:rolleyes: but yet I was denied because it is being taken as a final order.It makes no sense to me. But please if anyone has any thoughts or opinions as to how to appeal this or if I'm SOL let me know.Thx.What is the name of your state?
Rule 1.540 applies to all orders, final and temporary.
The reason that your request was denied is because it was filed after the 1 year time limit. So, your request was denied based on time, rather than temporary versus final order.

What portion of the order were you asking to have vacated?
 

Phoenix2003

Junior Member
Yeah but see it says final in the rules of procedure but it is a temporary order. That is what I don't get.I guess it is all just symantics.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top