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1. Do I have any recourse due to not being able to present my full motion

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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.
 
Last edited:


lwpat

Senior Member
Check with the clerk of court for the procedures required to appeal the ruling to circuit court. There is usually a time limit so don't delay.

It sounds like you were not prepared, you should have had copies of the paperwork in your file and been able to present them to the judge. After all you were referring to them.

From what you have stated the attorney and the judge knew each other. This is not unusual and is good reason too retain your own attorney or at least get legal advice before going into court. If the other side has an attorney then you usually need one too.
 
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spike1951

Guest
By we, I meant both the defense and me, the Plaintiff

We both, defense and me, Plaintiff, had filed with the court to have these depositions there. Neither side had any supporting documentation at the hearing, so the Judge said he needed them and stopped the hearing.

He made his ruling without a hearing where I could present my case. I thought that is what a hearing was for.
 

lwpat

Senior Member
Then that would be grounds for an appeal.


NOTICE- The author of this post is not an attorney. The
information presented here is the result of the authors
research and thirty years experience in the legal codes,
cases and practices of the States of North and South Carolina,
and the county in which author resides and is for general
information only. Be advised the legal codes, cases, and
practices of any other state or county could vary greatly.
If you need legal advice contact an attorney.
 

stephenk

Senior Member
The only thing that might prevent a rehearing would be that the judge was able to rule based on the papers each side filed with the court and the deposition testimony.

Were you going to add any information that was not in your paperwork and not covered in the depositions?
 
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spike1951

Guest
Yes, I had several additions

There were a couple of places where I had/have witnesses that would present arguements at trial to support my case. I was unable to present to the judge how these witnesses would dispute the statements presented by the Defense's arguements.
Witnesses that had first hand and "factual" knowledge that the statements by the defense were incorrectly stated.

I also had detailed arguements countering the Defense's motion to fill in and support areas where my written brief needed explaination. I planned to present them at the hearing but was not able to because the judge stopped the hearing just a few minutes into the hearing.
 
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spike1951

Guest
Will file a motion for rehearing first thing Monday

Assuming the judge grants my motion for rehearing.

Question:

Since the motion came from the Defense, I'm the Plaintiff, would it be the responsibility of the Defense to schedule the rehearing since it is the Defense's motion?

It would seem to me that if the Defense's motion was set aside that it would be the Defense's responsibility to submit for a new hearing OR a trial date would be set?

If this fails, then I will file an appeal with the Circuit Court. I would do it Pro se, the worst that could happen is lose on some legal paper that I missed filing. I would not get a lawyer for a $1000 suit. As crazy as it seems I have sued a large corporation who has a legal firm they pay to represent them. They must have paid 10-20 times that much already in lawyer fees: Go figure :)
 
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spike1951

Guest
If appeal to circuit court?

If I lose on my Summary Judgment request for dismissal, and appeal in Circuit court,

can I sue for punitive damages, as well as actual, since I am out of Small Claims court?

My definition of punitive damages, to punish and prevent this large company from doing this to someone else.

thanks for any responses
 
T

Tercr6

Guest
i found it very difficult to argue on Judges conduct and handleing of the proceedings.I've been in a few small claims as plaintiff- won a few, lost a few..Judges actions and demeanors vary.The judge may have heard enough argument before realizing the paperwork wasnt in order ,and relied then for the rest on the written depositions.
If you think a Judge did not fallow the law, you can send a complaint to your states Judicial conduct committy,after a board of law proffesionals reveiw it,they will determine if it has merit or not,to bring it to a hearing.
 

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