Where do I find legal memorandums and citations?

[Tammy_b]

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

I have filed a motion for a permanent injunction against my neighbor, who is blocking an easement. He hired and attorney, who made a motion to dismiss. The claim was that a cause of action was not stated.
I have now been ordered by the judge to respond to the motion, but the order also states that legal memorandum and citation is required. I'm not an attorney!! How am I going to find this information? It really stinks that people who have money can walk all over people who don't just because they can't afford an attorney!
I hope someone can point me in the right direction. I'm determined to see this through.
Thank you in advance.What is the name of your state (only U.S. law)?

 

[seniorjudge]

Double Post Warning

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

I have filed a motion for a permanent injunction against my neighbor, who is blocking an easement. He hired and attorney, who made a motion to dismiss. The claim was that a cause of action was not stated.
I have now been ordered by the judge to respond to the motion, but the order also states that legal memorandum and citation is required. I'm not an attorney!! How am I going to find this information? It really stinks that people who have money can walk all over people who don't just because they can't afford an attorney!
I hope someone can point me in the right direction. I'm determined to see this through.
Thank you in advance.What is the name of your state (only U.S. law)?

https://forum.freeadvice.com/neighbors-boundaries-108/does-easement-flow-property-427195.html

 

[154NH773]

You must state a legal reason why your neighbor should be enjoined. Don't be intimidated by the words, the judge wants a written statement citing legal reasons, that's all. You should be able to quote from the deed that grants you the easement as the legal reason for bringing the action.
You may also have to do some research to find legal cases that state why an easement may not be blocked, and reference (cite) that case, quoting the language that supports your argument.
Some libraries have access to legal research on-line, or your court may be able to find written caselaw.
You probably only have a limited time to respond to the court's order, so don't delay. At the very least; say that you object to the Motion to Dismiss, and give a reason in writing.
If you are not comfortable doing these things, then spend the money and get an attorney, although it may be costly.

 

[154NH773]

The following citation may help you: (You are the dominant tenement owner, and the property owner who is blocking you is the servient owner.)

The servient owner has no right to place permanent obstructions in the described easement area that would prevent the dominant tenement owner from freely passing over any part of the easement. Such obstructions are viewed as nuisances and they may be removed by resort to contempt proceedings. Hoff v. Scott, 453 So.2d 224 (1984)