Can I file a motion to vacate the injunction as void?

[deigo56]

What is the name of your state? Florida

Florida civil court entered a permanent injunction (final judgment) against me during January 2019 in a family issue. I never appealed or filed for rehearing. I saw Fla. R. Civ. P. 1.610(c) which states: “Every injunction … shall describe in reasonable detail the act or acts restrained without reference to a pleading or another document.” However, the Injunction is very unclear, and several restrained activities in it are not explained in reasonable detail. What is the proper procedure to vacate the injunction as void? Can a file a motion?

I read “If it is determined that the judgment entered is void, the trial court has no discretion, but is obligated to vacate the judgment.” Dep of Transp. v. Bailey, 603 So. 2d 1384, 1386-87 (Fla. 1st DCA 1992) I also read:
although a motion to set aside a judgment must be filed “within a reasonable time,” see Fla. R. Civ. P. 1.540(b) (2017), because the mere passage of time cannot make a void judgment valid, a motion to vacate a judgment as void may “reasonably” be filed many years after the judgment was entered. See M.L. Builders, Inc. v. Reserve Developers, LLP, 769 So. 2d 1079, 1082 (Fla. 4th DCA 2000)

I cannot afford an attorney.

 

[NeilTheCop]

You may be better writing to the clerk of the court asking for clarification rather than trying to have the injunction voided.

 

[quincy]

You may be better writing to the clerk of the court asking for clarification rather than trying to have the injunction voided.

The clerk of a court cannot offer a clarification of a court injunction. That is the practice of law.

Diego, why did you not ask for clarification in January? You are confused months later on what you can and cannot do? Did you have an attorney for the January hearing?

 

[Zigner]

What is the name of your state? Florida

Florida civil court entered a permanent injunction (final judgment) against me during January 2019 in a family issue. I never appealed or filed for rehearing. I saw Fla. R. Civ. P. 1.610(c) which states: “Every injunction … shall describe in reasonable detail the act or acts restrained without reference to a pleading or another document.” However, the Injunction is very unclear, and several restrained activities in it are not explained in reasonable detail. What is the proper procedure to vacate the injunction as void? Can a file a motion?

I read “If it is determined that the judgment entered is void, the trial court has no discretion, but is obligated to vacate the judgment.” Dep of Transp. v. Bailey, 603 So. 2d 1384, 1386-87 (Fla. 1st DCA 1992) I also read:
although a motion to set aside a judgment must be filed “within a reasonable time,” see Fla. R. Civ. P. 1.540(b) (2017), because the mere passage of time cannot make a void judgment valid, a motion to vacate a judgment as void may “reasonably” be filed many years after the judgment was entered. See M.L. Builders, Inc. v. Reserve Developers, LLP, 769 So. 2d 1079, 1082 (Fla. 4th DCA 2000)

I cannot afford an attorney.

I doubt that the injunction is all that "unclear". Stop playing games.

 

[quincy]

I doubt that the injunction is all that "unclear". Stop playing games.

There would be a greater chance of getting a clarification on the restrained activities than there would be in voiding the injunction anyway.

 

[deigo56]

I doubt that the injunction is all that "unclear". Stop playing games.

Sorry, I cannot continue in this forum where I am accused playing games

 

[Zigner]

Sorry, I cannot continue in this forum where I am accused playing games

Good day.

 

[quincy]

Sorry, I cannot continue in this forum where I am accused playing games

I am sorry we cannot help you, Diego.

You might find assistance at a legal aid clinic near you.

Good luck.

 

[NeilTheCop]

The clerk of a court cannot offer a clarification of a court injunction. That is the practice of law.

I understand that first hand. My meaning was to send a letter to the clerk rather than directly to the judge. The clerk will be the one to forward it to the judge or the judges secretary.

 

[quincy]

That won't work. The judge is not going to accept the letter.