S
spike1951
Guest
What is the name of your state? Florida
Background: I the plaintiff submitted a counter motion to a Defense’s motion for summary judgment. We had a hearing to present our motions. Part way into the hearing, the judge realized he did not have the depositions that we were referring to in presenting our motions, due to a Clerical error in the court office. He basically stopped the hearing, stating that he did not have the documents.
Three months later, he finally sends out a motion granting the defense’s motion for summary judgment. No re-hearing to present our motions, no reasons, just granted their motion.
Questions:
1. Do I have any recourse due to not being able to present my full motion at the hearing? ---- He stopped the hearing and I feel that I did not get to explain my motion to him.
2. Do I have any recourse to his taking 3 months to rule on a Small Claims court motion? ---- I called many times and just got sorry the judge is busy.
3. They held me to very formal “rules of court” because I was up against a lawyer who knew and used them. Q. – Can an appeal in Circuit Court be much more complex? I mean, this judge and lawyer did not simplify things at all as many SCC cases are just come in tell the facts and the judge make a ruling. They held me to every “rule of the court” on multiple motions, affidavits, etc.
added since original post:
In the order for Sum. Judg. it says "the court having heard arguement of counsel, and being otherwise fully advised in the premises" ---- If we did not have a complete hearing -- HOW can this statement be true??
Also, in the Sum Judg. I clearly disputed one of the main "undisputed" facts presented by the defense. How can a Sum Judg. be made on disputed facts??
I would appreciate any help.
Background: I the plaintiff submitted a counter motion to a Defense’s motion for summary judgment. We had a hearing to present our motions. Part way into the hearing, the judge realized he did not have the depositions that we were referring to in presenting our motions, due to a Clerical error in the court office. He basically stopped the hearing, stating that he did not have the documents.
Three months later, he finally sends out a motion granting the defense’s motion for summary judgment. No re-hearing to present our motions, no reasons, just granted their motion.
Questions:
1. Do I have any recourse due to not being able to present my full motion at the hearing? ---- He stopped the hearing and I feel that I did not get to explain my motion to him.
2. Do I have any recourse to his taking 3 months to rule on a Small Claims court motion? ---- I called many times and just got sorry the judge is busy.
3. They held me to very formal “rules of court” because I was up against a lawyer who knew and used them. Q. – Can an appeal in Circuit Court be much more complex? I mean, this judge and lawyer did not simplify things at all as many SCC cases are just come in tell the facts and the judge make a ruling. They held me to every “rule of the court” on multiple motions, affidavits, etc.
added since original post:
In the order for Sum. Judg. it says "the court having heard arguement of counsel, and being otherwise fully advised in the premises" ---- If we did not have a complete hearing -- HOW can this statement be true??
Also, in the Sum Judg. I clearly disputed one of the main "undisputed" facts presented by the defense. How can a Sum Judg. be made on disputed facts??
I would appreciate any help.
Last edited: