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Author Topic: Help with upcoming status hearing  (Read 10051 times)
floridasued
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« on: September 20, 2012, 06:44:45 PM »

A brief summary or recent activity. after a year of battles in court, I received a motion for summary judgment against me in the mail May 29th.

On June 1st I received a notice for deposition on July 3rd. I needed time to respond to their summary judgment so I filed for an extension of time (20 days) on June 15th to respond because I do have issues of material fact.

On July 3rd I went for my deposition to find out it had been cancelled (Never told me that).

I was curious so I went online to the court docket and saw to my surprise that a hearing was held on June 27th granting plaintiffs motion for summary judgment.

I did not receive notice of this hearing. The court docket did not show notice of hearing either. I have been to court 4 times so far and each time the plaintiff sent me a notice of hearing and the court sent me copies and posted on the docket.

I called the judge and his clerk told me to fax him a summary of my issue. I did send the summary stating the non notice of hearing and that I was not done fighting this. As a result, the judge has schedule a "Status" hearing for next month but has not vacated the summary judgment yet.


My questions are as follows:


1. Should I file a motion to vacate the judgment per the plaintiff not following Rule   1.540(b) and that I have issue of material fact unresolved before the “status” hearing, during, or not at all?

2.  I did plan to file a motion in opposition to plaintiff’s summary judgment before I found out the hearing was held without me. Should I have that filed before I go to the status hearing, during the hearing or wait until the judge asks?

The reason I ask is that I do not want to go to the hearing and have the judge say I’ll give you another hearing if you have any evidence to oppose the plaintiff. Then not have my opposition with me or sent to the plaintiff.

On the other hand, I do not want the plaintiff to see my hand before it is necessary. I would like to have another hearing scheduled and send my opposition 5 days prior per Florida law.

The judge has been fair with me so far.

Any help would be much appreciated.
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cmart56
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« Reply #1 on: September 26, 2012, 02:46:30 PM »

You are going to have to be more clear as to the reason or reasons stated for not wanting to go to the hearing.And you stated something as to you not having the opposition?I am trying to understand your question(s).Fraudfighter has posted on this website a wealth of materials on the rule you cited .You might want to read it if you have not done so already.Also, what is the court's  jurisdiction?
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