Time limit for filing for rehearing on post-judgment order

[dubose]

Thank you.

Mercer v. Raine, 443 So.2d 944, 945 (Fla. 1983); Phipps v. Blakeney, 8 F.3d 788, 790 (11th Cir. 1993); In re: Fla.R.Civ.P., 13 So.3d 1025, 1026 (Fla. 2009); Kukral v. Mekras, 679 So.2d 278, 281 (Fla. 1996); DeVaney v. Continental Am. Ins. Co., 989 F.2d 1154, 1162 (11th Cir. 1993)

I was not asked to produce any documents at all therefore there is no question of refusing to release documents. The other party lied under oath in an earlier testimony therefore, now, I filed motion asking the court to refer him to state attorney for prosecution. He is upset therefore, filed a motion for sanctions against me, alleging that my motion is sham. Nowhere in the motion, other party, mentioned Fla.Stat. 57.105

 

[quincy]

Thank you.

Mercer v. Raine, 443 So.2d 944, 945 (Fla. 1983); Phipps v. Blakeney, 8 F.3d 788, 790 (11th Cir. 1993); In re: Fla.R.Civ.P., 13 So.3d 1025, 1026 (Fla. 2009); Kukral v. Mekras, 679 So.2d 278, 281 (Fla. 1996); DeVaney v. Continental Am. Ins. Co., 989 F.2d 1154, 1162 (11th Cir. 1993)

I was not asked to request any documents at all therefore there is no question of refusing to release documents. The other party lied under oath in an earlier testimony therefore, now, I filed motion asking the court to refer him to state attorney for prosecution. He is upset therefore, filed a motion for sanctions against me, alleging that my motion is sham. Nowhere in the motion, other party, mentioned Fla.Stat. 57.105

Thank you for providing the cases cited in the other party's motion.

You said in Post #6 on November 20 that the other party requested tax returns and on November 21 in Post #8 you said you filed an objection, stating the other party's request was overly broad. The other party filed a motion to compel production of the requested documents and the other party also filed a motion for writ of garnishment.

The first case cited (Mercer v.Raine) was about a motion to impose sanctions for a discovery violation (failure to comply with court order to produce documents within the time specified by the court). The sanctions, although upheld by the court, were severe and included a default judgment entered against the defendant.

I haven't reviewed the other cases yet.

I think you might be digging a potentially costly hole for yourself. I recommend you seek legal assistance in Florida soon, to see where you currently stand and to determine where you should go now.

Good luck.

 

[quincy]

Here is a link to Mercer v. Raine: https://www.courtlistener.com/opinion/1115422/mercer-v-raine/

You can look at the Florida Rules of Civil Procedure (link provided earlier) to read Rule 1.380 on Failure to Make Discovery; Sanctions.

 

[dubose]

Thank you. The current issue I posted today (about sanctions for filing a perjury motion that I have filed) has no relation with post #6 on November 20 (post #6 on November 20 is already resolved).

 

[quincy]

Thank you. The current issue I posted today (about sanctions for filing a perjury motion that I have filed) has no relation with post #6 on November 20 (post #6 on November 20 is already resolved).

I think you are at the point where you will need to sit down with a lawyer in your area for a review, before the court considers and imposes sanctions.

Good luck.

 

[dubose]

Thank you again, appreciate.

 

[quincy]

Thank you again, appreciate.

I am sorry I cannot be of much help. Your case is filled with twists and turns that appear to require a personal review.

After a judgment, a motion for perjury is puzzling to me.

 

[dubose]

Thank you again. the other party lied under oath during the final hearing. Then I collected evidences to prove that he lied. Then, I filed a motion alleging perjury, after an order on the final judgment is issued.

 

[PayrollHRGuy]

Good luck with that.

You need to either get a lawyer or end this. You are in so far over your head that you can't even see the sky.

 

[quincy]

Thank you again. the other party lied under oath during the final hearing. Then I collected evidences to prove that he lied. Then, I filed a motion alleging perjury, after an order on the final judgment is issued.

Following are links to the other cases cited in the motion for sanctions.

The cases are all on sanctions imposed for failure to comply with discovery orders/pre-suit screening requirements (the magistrate judge in Devaney deferred ruling on both parties motions for sanctions until after the District Court trial, the District Court judge adopting the magistrate judge's ruling).

Phipps v. Blakeney: https://www.leagle.com/decision/19937968f3d7881670

Kukral v. Mekras: https://www.leagle.com/decision/19941496647so2d84921336

Delaney v. Continental American Insurance Company: https://m.openjurist.org/989/f2d/1154/devaney-v-continental-american-insurance-company

As already advised, a Florida attorney should be consulted so the facts of the case can be personally reviewed.

Good luck, dubose.

 

[dubose]

Recently, in Florida, there was a hearing on one of the motions and at the end of the hearing, the court ORALLY ordered both parties to file proposed orders but I am not clear on what the court wants exactly in my proposed order.

I filed a motion to enter an order specifying/clarifying the details of proposed order the court ordered me to file. However, The court entered an order denying this motion (but court did not enter the order on the specifications of proposed order). Can I go for rehearing on this order as well and if so, can I file it within 15 days from the day of entering that motion?

I believe the court should give a written order: "an oral pronouncement is not effective until it has been reduced to writing, signed by the judge, and duly recorded. See id. at 210, 17 So.2d at 106" GAINES vs Sayne 764 So. 2d 578 (2000)

 

[dubose]

Recently there was a hearing on one of the motions in Florida and at the end of the hearing, the court ORALLY ordered both parties to file proposed orders but I am not clear on what the court wants exactly in my proposed order.
I filed a motion to enter an order specifying/clarifying the details of proposed order the court ordered me to file. However, The court enters an order denying this motion (but court did not enter the order on the specifications of proposed order). Can I go for rehearing on this order as well and if so, can I file it within 15 days from the day of entering that motion?

I believe a written order is a must in all situations based on 764 So. 2d 578 (2000)
: an oral pronouncement is not effective until it has been reduced to writing, signed by the judge, and duly recorded. See id. at 210, 17 So.2d at 106

 

[Zigner]

Recently there was a hearing on one of the motions in Florida and at the end of the hearing, the court ORALLY ordered both parties to file proposed orders but I am not clear on what the court wants exactly in my proposed order.
I filed a motion to enter an order specifying/clarifying the details of proposed order the court ordered me to file. However, The court enters an order denying this motion (but court did not enter the order on the specifications of proposed order). Can I go for rehearing on this order as well and if so, can I file it within 15 days from the day of entering that motion?

I believe a written order is a must in all situations based on 764 So. 2d 578 (2000)
: an oral pronouncement is not effective until it has been reduced to writing, signed by the judge, and duly recorded. See id. at 210, 17 So.2d at 106

If you can't do this, you need an attorney. I don't know why you think you can keep coming back here and not get a different answer.

 

[dubose]

Thanks but, I am sorry, I could not understand what you said exactly.

Could you be more specific on whether I can file a rehearing motion on that order? A simple YES or NO answer would definitely help me.


I can file a rehearing motion if your answer is YES.

 

[Zigner]

Thanks but, I am sorry, I could not understand what you said exactly.

Could you be more specific on whether I can file a rehearing motion on that order? A simple YES or NO answer would definitely help me.


I can file a rehearing motion if your answer is YES.

Your question actually goes beyond the scope of what this forum is allowed to provide. Seek the assistance of an attorney.