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lost summary jugdement - judge said lawyers laid a trip wire for me

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spike1951

Guest
What is the name of your state? florida

had hearing on summary judgement by lawyers, I am pro se.

I filed my motion in opposition and judge agreed I contested some of the statements of fact

The judge asked if I had any affidavits, I didn't know what he meant. he was nice and explained, a little, and that I had to have one or he had no choice but to grant the motion for summary judgement.

is there anything now that I can file or did justice and the truth just get "creamed" for the sake of an "unknown" rule?

Steamed and down right mad,

they knew that I could win, and trip me up on a rule they knew I'd probably not know.
 


JETX

Senior Member
Spike, when you made the decision to proceed with your case Pro Se, you assumed the role of an attorney. Obviously, this was not in Small Claims court which is much more tolerant of the lack of legal experience and knowlege, but was in a 'higher court'.

The 'higher court' expects all parties (even Pro Se) to be familiar with legal procedures, Rules of Evidence and the Rules of Court. You simply weren't and (apparently) failed to provide required affidavits. And that failure prevented the judge from admitting your evidence defending against the motion for summary judgment.

Regretably, there is little that you can do now, unless the circumstances warranted an appeal. And to determine that, you will need to get a LOT of legal education, or have an attorney help you.
 
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spike1951

Guest
this was small claims court

this was in small claims court, i was given no Leniency

ole well
 

JETX

Senior Member
Further proof that some Small Claims judges fail to understand that their courts are not the 'big boys' and are supposed to be more lenient of the legal protocols.

Some states recognize that the Small Claims court system is 'lenient' and allow appeals from them to the 'higher' courts with a Du Novo (new) trial. Reqretably, Florida does not appear to be one of them. The following is excerpted from a FL site:
"Appeal. If you are not satisfied by the judgment of the County Court, you have a right to appeal to the Circuit Court's Appellate Division. There are a number of good reasons not to appeal. The large majority of appeals are unsuccessful. To win an appeal, you must demonstrate that the trial judge committed reversible error. You must show that you gave the trial judge a fair opportunity to avoid the error (that you "preserved" the error). It is almost always a bad idea to appeal if you think the judge decided wrongly only on a factual issue, rather than on a legal issue. Unless there is no competent evidence to support the trial court's factual determination, the appellate court will
not overrule the trial judge.

If you did not arrange for a court reporter to attend the trial, it will be extremely difficult to demonstrate reversible error to the appellate court -- the appellate court needs a record. If, before trial, you think you would appeal if you lost, call a court reporter and hire her to attend the trial. The usual fee is about $50.00. If, after trial, you think you want to appeal, think again. Reread the preceding paragraph. Also, bear in mind that if you appeal you will probably now have to pay the court reporter to transcribe the
record of the hearing, a service which can cost hundreds or possibly thousands of dollars, depending on how long the trial lasted. You will also need to pay additional fees to the courts. If you still want to appeal and you have been representing yourself, again consider hiring an attorney or seeing if there is an attorney who would handle the appeal for free ("pro bono") or for a reduced fee. If you cannot get an attorney, see the Florida Rules of Appellate Procedure for further guidance. Note that you only have a limited time to file a notice of appeal with the County Court."

From your post, it does not appear that the court ruled in error, thereby eliminating any viable avenue of appeal.
 
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spike1951

Guest
Thanks for all the help over a long period of time

The good news is that my healthcare provider is investigating this same issue and now, i have proof that either the nurse or Director of infusion is lying.

My healthcare provider will at least give us some justice, in proving some of their case was based on a "indisputably" false statement.

Thanks again.

I did learn a lot and am more aware of the legal process,

It was interesting, but dissappointing not to get to present the truth in trial.

Spike
 

stephenk

Senior Member
One last piece to consider.

Check the court file to find out if the other side was awarded their costs since they were able to get your case dismissed.

You may want to reach an agreement with the other side that if they waive their costs and fees you will waive your right to appeal the SJ motion decision.
 
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spike1951

Guest
This is a hard on to stomach

Twelve hours ago, I walk into a hearing after 5 months of pretrial, hearings, defense continuance, motions that I handled against two lawyers, and ready with a trial plan that would prove most my points and very very likely win.

I thought this time, I'm ready. This is Small Claims court, the people's court and I can prove my case so felt pretty good.

the above tells the story.

....but.... how many small claims cases for $900 would have an affidavit taken under oath. Just does not seem like justice.

I did have a depo on the defendent which might have helped but it was taken so late, their lawyers' fault, I was not to get it till the day of the 8:15am, after the hearing.

I hate not having the chance to prove my case, which included many false statement about me and my wife, .....

because of this lawyer "trip wire" as the judge called it.

There has got to be some way, does not justice count anymore in our law system??

:mad: :mad: :mad: :mad: :mad: :mad:
 
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spike1951

Guest
My own loophole/trip wire

As in this thread, I had a Summary judgment lost on a technicality, not who would have won in trial.

I did this completely with only me as Plaintiff to collect $900 because of a damaging letter written about my wife and me.

...question.... Since my wife equally under the law shares all assets with me... can she file a suit for the same or 1/2 the money on her own?

A lawyer the day before had told me to change my claim to Defamation which was the proper claim verses the negligence that I was, by default, using. The summary judgment decision was based on the weaker negligence claim.

...question... can my wife start a new suit with claim of defamation with only her as Plaintiff.

>>> I have all the work done for a very good chance - win at trial

xxx looking for a way to trick the tricker, ....never give up... if you're fighting for what is right and your integrity... a lot don't care about those things but I still do....

Spike
 
E

Extortion

Guest
Judicial Extortion

We've spent the last year in the courts with a quiet title case. Even though California law and the facts were in our favor the Judge ruled we must give the neighbor 1/4 acre of our level land with a well on it in trade for 1/4 acre of her useless land on a 32% downhill slope .... AND no damages. We paid out over $15,000 to defend this property. Our lawyer was no help.

The neighbor originally owed the 19.23 acre parcel, but split it to hide it from her creditors. After many conveyances of the property one of the creditors obtained title and sold us the 9.11 acre property in 1989. We did not know the history and neither the Realtor or title company provided the current history. We had a survey done in 2000 and the property line the neighbor had claimed was wrong even though the corners were marked when we purchased the property. Due to the steep terrain it was impossible to plot the line in middle of the properties when the corners were marked. The well and about 50% of her septic drain lines are on our property. The true property line is about 3.5 feet from one front corner of her home and about 22.5 feet from the other. We had nothing to do with the property split. It was done totally by the neighbor.

We terminated our atty. after about 6 mos. and continued pro se. The judge and the attorney pulled MANY shenigans in taking our property.

There has got to be a better way.. Our judicial system needs a COMPLETE overhaul!!! We need to be able to present the facts and rulings be made on the facts... not on procedures.

Jane.
 
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spike1951

Guest
Justice not rules

Yes, we need rules and procedured but

justice is the most important

especially in SCC

PS read my soon to be posted post -

The defense thought they had destroyed me, but like in "Soldier" with Kurt Russel, I'm not dead yet!
 

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