IAAL, if you please:

Good morning IAAl, a few weeks ago I asked the following:


Having answered my adversary's supplemental petition to enforce final agreement within the allotted twenty days in
Florida, I have received an "response to Respondent's answer" which attempts to discredit my claims in my answer.
Opposing counsel has yet to file a notice of hearing or comply with mandatory disclosure. Do I need respond again to their "response" or can I just ignore it for now?

Your reply was:

Anyway, if there's at least two days left prior to the hearing, and you can immediately serve a "Rebuttal to Petitioner's Response" prior to two days before the hearing, then yes, you have the right to file and serve a rebuttal to any or all of the arguments made.

Good luck, and keep us informed.

Having filed the rebuttal, I received a service yesterday of a Motion To Strike, claiming in short that there is "no such thing" as a Rebuttal to to a Reply to an Answer to a Supplemental Petition. All of this is going to be heard in a one day trial Oct 1 after I succesfully motioned during my "teeth bleaching" hearing for a Joinder of all issues before the court into one day long hearing.

Does this attorney have a leg to stand on in claiming I can't rebut his reply to my answer to his petition?

My response:

Please quote his "authorities" and argument for his Motion to Strike.

IAAL

4. " On or about June 12, 2001, the Former Husband filed this Rebuttal to Petitioner's Response to Former Husband's
Answer to Supplemental Petition to Enforce Marital Settlement Agreement and Final Judgment."


5." There is no legally cognizable pleading such as a Rebuttal to a Response to a Response to an Answer. (sic)Therefore, pursuant to Fl. R. Civ. P. 1.140(f), the Former
Wife moves this Court to Strike the Former Husband's Rebuttal in it's entirety."

Also moved to award atty's fees for having to file the motion.

note: as I rewrote his phrase it struck me that they have the words "to a response" in #5 twice - they meant to write the motion with the phrase Rebuttal to Response to Answer. Hmmm.

Your thoughts? I know you are up to the challenge. Since the Fourth of July is days away, keep your powder dry and
thanks for the answer.

My response:

What a pile of bullcrap.

There may be nothing in the codes about being able to file your Rebuttal Pleading - - however, they have not argued that there is anything against it, either. All because there's no particular procedural law "allowing" such a pleading, doesn't mean it's wrong either. Who knows, you just might create new law ! Writing rebuttals is common practice in California, and judges appreciate "whole" arguments - rather than spending a lot of time in court on oral argument over issues that could easily be read, and then dispensed with when the parties do appear in court.

Go to the hearing and argue the above, and that you wanted the judge to have all the facts and arguments in front of him BEFORE the hearing occurs.

The judge may appreciate what you have done in order to narrow the courtroom arguments, and to recognize the judges need for expedience and economy of time.

Go get him, Mr. Young.

IAAL

I'm raring to go sir. They are trying to bury me in paperwork but I'm just rolling with punches and throwing the BS back at them. He even complained to the commissh in court Tuesday that the only way to stop me was to hurt me in the wallet-- wrong-- do right by my kid and I and I will cease.



Thanks for confirming what I suspected IAAL. JY

Poor opposing attorney

I have read the dialogue between Mr. Young and Mr. Liable. I feel sorry for the opposing attorney. He has no idea what he's up against. It would be great fun to be in the court room to see the action. Go get 'em!