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How can the Judge do this??

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S

spike1951

Guest
What is the name of your state? Florida

I had a pre-trial, then the defense requested a hearing and was granted a continuance setting aside the July15, 002 trial date. I have the order in my possession signed by the judge.

The judge then on July 15 said that I did not show up on July 15 for the trial and dismissed it.

He had the defense's continuance motion in the file, I guess he did not read it.

Is is not his responsibility to contact the "Clerk of the Court" and fix this error?
 


stephenk

Senior Member
When the judge continued the July 15 trial date, did the judge set some kind of status conference instead for that same date?
 
S

spike1951

Guest
NO HE DID NOT!!

NO HE ABSOLUTELY DID NOT!!

His assistant said that she would call the clerk of the court and see what is going on.

But I don't see how his ruling could stand since he granted the continuance. It seems his office did not notify the Clerk of the court!

What do you think?
 

stephenk

Senior Member
You need to file a motion to set aside dismissal and explain the situation. The judge should grant the motion because his file was not updated.
 
S

spike1951

Guest
thanks I will

But is aggravating that the judge/clerk messes up and I have more work to do!

Thanks again
 
S

spike1951

Guest
THE JUDGE SET ASIDE THE DISMISSAL

I had to do nothing other than bring it to their attention.

THE JUDGE SET ASIDE THE DISMISSAL. He corrected the error.

One for the people!!
 

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