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spike says "never give up" - I'm back

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spike1951

Guest
What is the name of your state? Florida

After Nolo saying a summary judgment is the end if you lose, its over.

Not so!

Like several nice lawyers from sunny CA said, its over, you lost, let it go!

Not so!

in sunny FL a lawyer who has practiced before the judge who reluctantly granted the SJ to the defense because he knew I had just made a layman's mistake, said:

1. File an affidavit to support the motion for rehearing :)

2. Rule 1.540 "relief from Judgment or order"

3. Motion to amend pleadings from negligence on which the Summary Judgment was based on, to Defamation, (Libel is ok in FL SCC) which is what I should have pleaded anyway.

4. Start new case with a claim of Defamation. They may fuss but it will likely go through again.;)

IAAL & HomeGuru & Stephenk & Halket, sorry but I'm going to hang around for a few more months

Sorry a little brag here, 5 years ago at my over 100,000 employee company, they said two good technical designs of mine would never pass the politics of our company. I worked for 3 years, chipping away at the politics and created a small version of my designs that snowballed until it absorbed 70,000 users each. Bottom line: a savings of over $3-4 million per year.

It is amazing what you can accomplish if you never quit and work hard!

Thanks for your help & I hope to tell you another winning story in a few months.
 


R

resipsa

Guest
yes, you can file a motion to vacate if there was an error in law. However, you must cite statutes and cases...then the case may be heard on a discretionary basis.
 
S

spike1951

Guest
Not completely true: in Non-Jury on Facts as well

Not completely true:

in a Non-Jury trial or motion in Florida, don't know about other states,

a decision can be changed on facts as well as law.

If the judge missed or did not know about some facts that were in evidence but not to his attention and are now brought to his/her attention, they can change a Summary Judgment on the facts not known.

That is my case and hope to post in a few days or weeks, that the Sum. Judm. was overturned.

Spike

"Nice concept, I like it, the facts, (or truth) is as important as the law. Laws are for the people, not the other way around"

Spike:)
 

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