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  1. #1
    ice5146 is offline Member
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    Oct 2005
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    Motion for Retrial

    What is the name of your state? FL

    I understand this Motion will delay the 30 Day Time Restraint for Appeal Filing if necessary. Question is, does the Motion for Retrial always get granted? Motion is being Filed because according to my attorney, the Judge failed to apply the correct standards of Law to my Mod of Custody case and my attorney feels we should file the Motion for Retrial. Since this Judge is being "challenged," how in the world can this Retrial benefit me??

    I can't give specifics but all I know at this point is that Judge said we didn't prove Substantial Shange in Circumstance and my attorney doesn't feel she applied a specific Law to my case from the Case Law that was provided to her.

    Is there anymore evidence that can admitted to court at the Retrial that wasn't already admitted to the initial Mod of Custody Hearing? Is the Retrial just like the original Trial in which I would have to appear again w/ my ex and go through all the same Testimony, Cross-Exam, etc? Basically, another 3k for attorney fees to be represented for a day's Trial?

    I'm just trying to understand the process of the Retrial and it's similarities, if any, to the original Mod case. Thanks in advance for any inputs.
  2. #2
    Gracie3787 is offline Senior Member
    Join Date
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    Central Florida
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    5,648
    Quote Originally Posted by ice5146
    What is the name of your state? FL

    I understand this Motion will delay the 30 Day Time Restraint for Appeal Filing if necessary. Question is, does the Motion for Retrial always get granted? Motion is being Filed because according to my attorney, the Judge failed to apply the correct standards of Law to my Mod of Custody case and my attorney feels we should file the Motion for Retrial. Since this Judge is being "challenged," how in the world can this Retrial benefit me??

    I can't give specifics but all I know at this point is that Judge said we didn't prove Substantial Shange in Circumstance and my attorney doesn't feel she applied a specific Law to my case from the Case Law that was provided to her.

    Is there anymore evidence that can admitted to court at the Retrial that wasn't already admitted to the initial Mod of Custody Hearing? Is the Retrial just like the original Trial in which I would have to appear again w/ my ex and go through all the same Testimony, Cross-Exam, etc? Basically, another 3k for attorney fees to be represented for a day's Trial?

    I'm just trying to understand the process of the Retrial and it's similarities, if any, to the original Mod case. Thanks in advance for any inputs.
    No, motions for retrial aren't always granted. In my county the court clerks were amazed when my husband's motion for rehearing was granted, they said that is rarely done. (my husband's motion dealt with him not being legally served with a petition before it was granted, so it's not really surprising that it was granted).

    Quite often when an appeal is filed, the appellate court will simply remand back to lower court for a retrial. It's possible that your attorney is filing the motion hoping that it will be granted, but also knowing that even if it isn't, the filing of it will strengthen an appeal.

    I'm not quite sure exactly what happens in a retrial, ( although my husband was granted the right to a rehearing, another Judge was assigned and instead of holding a rehearing he set aside the order granting a rehearing. It wasn't even requested by the other party. Nice judge, huh?). I would assume though that all the previous evidence will be gone over and each party will probably be allowed to present any new evidence.

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