Still In Shock - what to do?

[keads1]

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

I was sued for commercial rent due (per plaintiff). I filed motion to postpone to conduct discovery; it was denied. Both parties proceeded pro se. Got into court & judge was surprised that 1) it wasn't an eviction case and 2) the plaintiff didn't show up. Instead, his daughter's son showed up claiming he collected residential rents for plaintiff and was appearing on his behalf. Judge decided to hear what he had to say. Bottom line, I held and showed proof that my corporation, not I, should be responsible: had corporate checks to prove. Plaintiff's de facto representative's evidence were the same checks I showed, plus my water bill which was also in the corporate name, but claimed that since I signed the corporate checks (I'm the President), I should be personally responsible. I testified that for the 3 months in question, the first month was covered by security; the second month, I was asked to stay and show the place to prospective tenants in exchange and when no prospective tenants showed up, I was granted 3 weeks for the third month in order to vacate. There was no argument on the other side about months one and 2, because they had no knowledge and the plaintiff wasn't there, but they agreed that for the third month, I was given the 3 weeks to vacate. At that point the judge said he was going to look over all the evidence and get back to us in a week or 2.

I'm in a state of shock over this. How can I be sued by someone who never even shows up? I made a motion to postpone and that was denied, but the plaintiff doesn't even have to show up? Can I make a motion to dismiss -- or something??? Or is it permissable to write the judge a respectful letter of some sort? Can anyone help?What is the name of your state (only U.S. law)?

 

[JETX]

Okay, you tried it your way... on the cheap. Now, go get the attorney you should have gotten in the first place and stop this travesty before you get run over. The judge is clearly an idiot and needs the 'counsel' your attorney can provide.

 

[keads1]

Hi Jetx,
I really do appreciate hearing from someone else who thinks there's something not right about this; it helps greatly. I would however, like you to know -- I didn't do this on the 'cheap'. The only reason I had to move out of our commercial space in the first place, is because we got caught up in a Medicare computer snafu/error, which resulted in our not being paid for our claims for over 18 months (Florida Congressman Mahoney's office has been intervening on our and others' behalfs); the financial drain of paying our commercial rent, phone, electric, medical staff's compensation, etc. out of my own pocket, while receiving no revenue for 18 months (we still haven't been paid as yet) has brought me to near bankruptcy. In the meantime, I've taken a full-time job, working from 10pm-6:30am as a telephone rep for a road assistance company just to pay my bills and keep my head above water. The $200 I was able to scrape together to pay an attorney just to get advice enough to allow me to know how to answer the complaint cost me an electric and phone shut-off at my home for over a week. So, with all due respect, please don't say I'm someone trying to get by on the 'cheap'. TIt's been anything but 'cheap'. That being said, I again, do appreciate and thank you for your comments.

 

[keads1]

If, per my last response to the JETX's posting, we can move past the 'on the cheap' comment, I guess what I'm asking is, if there is any motion I can file at this point, prior to the judge's ruling?

My inclination is to file a Motion to Dismiss based on (1) the fact that the testimony and evidence presented at the hearing, regarding the 3 months rent for which the (absentee) Plaintiff is trying to get relief, proves that there's no dispute to the fact that I do not owe them anything; and (2) the fact that the testimony and evidence presented at the hearing proves that the wrong party (me, personally), is being sued, rather than the corporation.

I read the Florida Rules of Civil Proceedings section 1.420.b on Involuntary Dismissal which has no time constraints other than saying that any party may move for dismissal after presentation by the party seeking affirmative relief, and that the judge's ruling on the motion doesn't affect the defendant's ability to present evidence. We never had any such formal order of presentation - just a back and forth question and answer session by the judge.

I'm also looked at section 1.510.b on Summary Judgement, which despite saying that the defending party may move for summary judgement "at any time", goes on to state in 1.510.c (Movings and Proceedings Thereon) that the motion must be served within a certain number of days prior to a hearing; I just can't tell yet (will have to read over several more times) whether the hearing referred to is the one which decides the motion or the hearing that has already taken place. So, I'm also wondering about that applicability.

I don't necessarily want my motions to be adjudged frivolous or presumptious, but even if the timing of either motion legally precludes their filing, I can't help feeling that I should file them in any case, hoping that either or both of them might serve to give any reasonable person, much less a judge, the opportunity to take a second more objective, reasonable and may I say, rational look at what has happened in this case; measures which so far, seem to be, in my humble and quite unlearned opinion, totally lacking in these procedures.

I would truly appreciate any helpful, respectful comments, opinions and/or advice. Thanks.