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.