ProSeAgain
Member
What is the name of your state (only U.S. law)? FL
Filed a breach of contract and specific performance lawsuit in Civil court based on a separation agreement executed in NC and not incorporated in final divorce decree. Defendant's attorney has filed a motion to dismiss saying it should have been filed in the Family Law division. There is a motion hearing at the end of this month. My question is, while I know anything is possible in court, since the separation agreement is a contract wholly separate from the divorce, what is the likelihood that the case will be dismissed and can I just refile the case in Family court? What do they gain by moving this to Family court rather than it being in Civil?
Also, separation agreement specifically states that the prevailing party will be awarded court costs, defendant's attorney is stating that this is prejudicial to defendant and should be awarded based on FL Family Law Statutes (i.e., financial resources of both parties will be taken into account when awarding costs). If defendant is married to someone with a lot of money, are those monies taken into account as part of the "financial resources"?
Filed a breach of contract and specific performance lawsuit in Civil court based on a separation agreement executed in NC and not incorporated in final divorce decree. Defendant's attorney has filed a motion to dismiss saying it should have been filed in the Family Law division. There is a motion hearing at the end of this month. My question is, while I know anything is possible in court, since the separation agreement is a contract wholly separate from the divorce, what is the likelihood that the case will be dismissed and can I just refile the case in Family court? What do they gain by moving this to Family court rather than it being in Civil?
Also, separation agreement specifically states that the prevailing party will be awarded court costs, defendant's attorney is stating that this is prejudicial to defendant and should be awarded based on FL Family Law Statutes (i.e., financial resources of both parties will be taken into account when awarding costs). If defendant is married to someone with a lot of money, are those monies taken into account as part of the "financial resources"?