Can I file a Motion while represented by an Attorney?

[legalresearch]

What is the name of your state (only U.S. law)? Florida

My attorney attended a hearing that I was not made aware of and at that hearing, stipulated to set aside the Deed which gave me title to a property. This was the issue that the suit was based upon. Months prior to my attorney attending this hearing, he filed a Motion to Withdraw as Counsel, but no hearing had been held, nor Order issued for him withdrawing as my legal counsel.

It would be extremely difficult for my attorney to file a Motion to Set Aside Stipulation that he agreed upon at hearing, on the premises that he had no authority from me as the client. So, I filed a Verified Motion for Rehearing and Motion to Set Aside Partial Summary Judgment, at which time I was still legally represented by counsel, as the Motion to Withdraw had not been heard, nor Order issued.

My question is: Is there any ruling, administrative code, rule of civil procedure, etc. that can be relied upon to have my Verified Motion be considered by the Court? This case is in the Circuit Court of Florida.

 

[Willlyjo]

What is the name of your state (only U.S. law)? Florida

My attorney attended a hearing that I was not made aware of and at that hearing, stipulated to set aside the Deed which gave me title to a property. This was the issue that the suit was based upon. Months prior to my attorney attending this hearing, he filed a Motion to Withdraw as Counsel, but no hearing had been held, nor Order issued for him withdrawing as my legal counsel.

It would be extremely difficult for my attorney to file a Motion to Set Aside Stipulation that he agreed upon at hearing, on the premises that he had no authority from me as the client. So, I filed a Verified Motion for Rehearing and Motion to Set Aside Partial Summary Judgment, at which time I was still legally represented by counsel, as the Motion to Withdraw had not been heard, nor Order issued.

My question is: Is there any ruling, administrative code, rule of civil procedure, etc. that can be relied upon to have my Verified Motion be considered by the Court? This case is in the Circuit Court of Florida.

If you are represented by an Attorney, there is no way you can file a motion and be heard. If your Attorney hasn't been able to get withdrawn as Counsel, you can simply fill out the necessary paperwork and file a "Substitution of Attorney" naming yourself as your own Attorney--then you can file motions or whatever is necessary per the rules of court and civil procedures.

 

[HomeGuru]

OP, you had no pro se standing since you still had legal counsel.