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  1. #1
    EArt Guest

    Question After Judgement-Motion to amend?

    What is the name of your state?Florida

    I got a judgement from the court during a pre-trial confrence when both the platiff(me) and the defended were at court.

    The defendant hired a lawyer and filed a verification of motion to set aside,alter and amend the final judgement.

    1. Do I have to respond to the motion?
    2. How often does the court re-open cases after a judgement?

    Thanks

    Eric
  2. #2
    stephenk is offline Senior Member
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    What are the reasons the defendant is providing in order to set aside the judgment? How did the court enter a judgment at a pre-trial conference?
  3. #3
    EArt Guest

    Amendment

    They want a rehearing because the defendant:

    1. Didn't get a trial
    2. Isn't personally responsible
    3. Want evidentiary hearing
  4. #4
    EArt Guest
    I got the judgement at pre-trial because the defendant admited she was wrong and owed me the money.
  5. #5
    BL
    BL is offline Senior Member
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    It sounds like this motion was filed in appeals process,and a copy sent to you.

    Look over that motion.You probably could make an answering motion to deny the respondents motion , if it's on record they admit it's their fault for the damage.

    Check with the clerk of the court and ask a Co. that sells Law Forms for a motion form to counter their motion file it out and submit it,send a copy in the same way they sent you one.

    Ask the Clerk in what Court to file it.

    It sounds like the defendant is trying to wiggle out of it now, and will try some fancy dancing on you.

    If it's on record that the defendant admitted fault and now tries to change their testimony,their credibility will suffer anyways.

    If this motion went to appeals,that court will have to decide if a new trial is granted or not.

    Since you got a Judgement , are you sure this was pre-trial or a small claims hearing ?
    Last edited by BL; 07-31-2003 at 02:35 PM.
  6. #6
    EArt Guest

    Motion

    I received the judgement in small claims court when I went for the pre-trial confrence. The defendant didn't counter anything I said and didn't ask for mediation. The judge just ruled in my favor. I don't think there are any notes because no one hired a court reporter.

    I downloaded most of the forms for civil court and can't find any form that contains "A Motion to deny Rehearing" I am thinking I could write one up, but am not sure what to title it.

    Do you know how often these appeals get open again?
  7. #7
    BL
    BL is offline Senior Member
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    Small Claims.

    Also known as County Civil, this division handles cases for monetary judgments up to $15,000 and landlord/tenant cases in which the amount claimed is less than $5,000. This division is responsible for assisting citizens in filing small claims actions by providing the necessary forms, instructional materials, and references on the small claims process.

    Ask the Clerk for the necessary form or process. The confusion I had was this is also known as Civil,and apparently in Fl. small claims cases are processed just as civil. If so then,you have to fallow procedure. I still do not know how you got a Judgment at pre-trial.

    Motion: An oral or written request made by a party to an action, before,during,or after a trial.
    Last edited by BL; 08-01-2003 at 06:50 AM.
  8. #8
    EArt Guest
    The defendant in the case admitted she owed me the money.
  9. #9
    BL
    BL is offline Senior Member
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    Then I suggest you put in writting ( type is better ) a motion to deny their motion based on the fact the defendant admitted owing you money,which led to the Judgement in your favor, in the same way they served notice of motion on you. Or you can simply put in writting you stand on the testimony given at pre-trial.

    If their is a deadline to respond, you might want to get it in by then.

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