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  1. #1
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    Time limit for filing for rehearing on post-judgment order

    What is the name of your state (only U.S. law)? Florida

    I won a case in Florida and the court gave final judgment and the appeals time is also over and no party appealed. After several months, the defendant filed a motion regarding the enforcement of the judgment. The court heard it and gave an order. I believe that the court erred in its order (because it is essentially reopening the case) and I wish to file a motion for rehearing on this (post judgment) order. As per Rule 1.530 of Fl. Statutes, “A motion for new trial or for rehearing shall be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action”. Is this 15 day time limit applicable for filing a rehearing motion on this order as well?


  2. #2
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    time limit

    Yes it does.


  3. #3
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    Quote Originally Posted by dubose View Post
    What is the name of your state (only U.S. law)? Florida

    I won a case in Florida and the court gave final judgment and the appeals time is also over and no party appealed. After several months, the defendant filed a motion regarding the enforcement of the judgment. The court heard it and gave an order. I believe that the court erred in its order (because it is essentially reopening the case) and I wish to file a motion for rehearing on this (post judgment) order. As per Rule 1.530 of Fl. Statutes, “A motion for new trial or for rehearing shall be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action”. Is this 15 day time limit applicable for filing a rehearing motion on this order as well?
    I agree with doucar.

    For reference for others, here are links to Rule 1.530 in specific and to Florida Rules of Civil Procedure in general, as updated this year:

    https://www.floridabar.org/wp-conten...17.pdf#page126

    https://www.floridabar.org/wp-conten...d-8-4-2017.pdf


  4. #4
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    Sorry for the late and thanks for the information.


  5. #5
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    Quote Originally Posted by dubose View Post
    Sorry for the late and thanks for the information.
    You're welcome. We appreciate the thanks. Good luck.


  6. #6
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    I lost a different case (which is different from the one about which I posted earlier) in Florida. The Judgment creditor is asking for my non-redacted tax returns but all my tax returns are jointly with my spouse and children and none of them are a party in this lawsuit. Also, the creditor is asking the documents of my spouse’s bank records and real estate property. Are such broad requests and requests containing sensitive information about non-parties acceptable? Is there are any Florida statute or case law that limits such requests, which I can cite in my objection to the creditor's discovery requests?


  7. #7
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    Quote Originally Posted by dubose View Post
    I lost a different case (which is different from the one about which I posted earlier) in Florida. The Judgment creditor is asking for my non-redacted tax returns but all my tax returns are jointly with my spouse and children and none of them are a party in this lawsuit. Also, the creditor is asking the documents of my spouse’s bank records and real estate property. Are such broad requests and requests containing sensitive information about non-parties acceptable? Is there are any Florida statute or case law that limits such requests, which I can cite in my objection to the creditor's discovery requests?
    You can object to discovery requests that are overly broad. You can object on grounds of relevancy. You can provide redacted copies of tax returns (redacting the names of minors, redacting all but the last four digits of social security numbers).

    See the Rules of Civil Procedure on discovery in the link I provided earlier.


  8. #8
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    I appreciate your information.

    I filed my objection for these overly broad requests. Then the creditor quickly filed motion to compel,. Is there any deadline (such as 30 days (in case of objection to discovery requests) or 10 days (in case of objection to discovery requests to third party) or so) for me to file my response to this motion to compel or can I file my response around 10-15 days prior to the hearing date on this motion to compel so that judge will have ample time to read?

    In addition, the creditor also filed a motion for writ of garnishment to collect part of wages from my employer and the court should decide this. I wish to object this (although I knew that my objection will not stop the creditor from getting the write of garnishment, once the hearing is held on that plaintiffs' motion). Is there any specific deadline for me to file my response (objection) to this motion for writ of garnishment or can I file my response to the court around 10-15 days prior to the hearing date? (I knew that once the writ of garnishment is issued, there are specific deadlines to claim exemption if I am head of family; and this issue has not even reached that level)


    Last edited by dubose; 11-21-2017 at 03:51 AM.
  9. #9
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    And what did the second motion cite?


  10. #10
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    You can look at Motions, Rule 1.160, in the Rules of Civil Procedure. The link is provided above.


    Last edited by quincy; 01-18-2018 at 12:35 PM.
  11. #11
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    Thank you. It is part of the earlier case which I lost.

    The second motion did not cite Fla.Stat. 57.105 but cited some case laws which are all related to violation of court order during discovery requests (and therefore sanctions were imposed in those cases).

    The court never ordered me to file Motion-1. Therefore, I did not violate any court orders.


    Last edited by dubose; 01-18-2018 at 11:46 AM.
  12. #12
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    As part of the case I lost, I filed a motion (Motion-1) on the other party for committing perjury as the other party lied under oath. Then the other party’s attorney sent me an email asking me to retract Motion-1 or else he will file for contempt sanctions on me under Fla.Stat. 57.105. I did not retract. Then other party filed a motion for contempt charges. After a while, the other party filed another motion requesting the court to impose sanctions on me for filing Motion-1. Therefore, the other party essentially filed two separate motions on me for filing Motion-1. Is there any Florida law that prevents filing more than one motion for filing Motion-1? If so, please provide a reference so that I can use in my response.

    Additional info: The second motion filed by other party did not cite Fla.Stat. 57.105 but cited some case laws which are all related to violation of court order during discovery requests (and therefore sanctions were imposed in those cases). The court never ordered me to do not file Motion-1. Therefore, I did not violate any court orders.


  13. #13
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    First, thank you for adding your question here.

    You mention Florida Statute 57.105. Here is a link to the statute, which details the damages that can be awarded for delay of litigation:

    https://www.leg.state.fl.us/STATUTES.../0057.105.html

    And, because for some reason that link is not working for me, here is another link to 57-105: https://www.lawserver.com/law/state/...tatutes_57-105


    Last edited by quincy; 01-18-2018 at 12:37 PM.
  14. #14
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    Thank you and welcome.

    Can I argue that, in the current scenarios, the only way the other party can request for sanctions (in their second motion) is under Fla.Stat. 57.105 only (but the other party did not cite any reference to Fla.Stat. 57.105 in their second motion for sanctions)?


  15. #15
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    Quote Originally Posted by dubose View Post
    Thank you and welcome.

    Can I argue that, in the current scenarios, the only way the other party can request for sanctions (in their second motion) is under Fla.Stat. 57.105 only (but the other party did not cite any reference to Fla.Stat. 57.105 in their second motion for sanctions)?
    What case law did they cite in their motion for sanctions?

    What are the problems you are having? Are you refusing to turn over requested documents?


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