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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 91095
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I recently received an Order GRANTING the Defendants Motion

Resolved Question:

I recently received an Order GRANTING the Defendant's Motion to Dismiss a civil action I brought, which they argued (and the court agreed) that as an Individual I was not entltled to pursue an Action (Pro Se) that was based on a contract by my dissolved corporation, as FL law requires corporations to be represented by counsel.
Another attorney here at Just Answer agreed with me that I COULD bring it, because the action involved breach of a contract that had already been ruled in my favor by Ch-7 court, and as abandoned by the Ch-7 trustee, to me personally, as the sole shareholder, and principal unsecured creditor.
The Action was an "asset" and had been specifically assigned to me as part of the Corporation's dissolving, not to mention "abandoned" from the Corporation by Federal Court Order. The JUDGE who Granted the motion to Dismiss, did so "WITHOUT PREJUDICE" and gave me 30 days to get counsel and refile a Third Amended Complaint (I'd filed the original and the Second).
MY QUESTION IS: Do I need to file an appeal, or is there a more preliminary option available to me as a MOTION TO RECONSIDER. Ten days have passed, and I want to TOLL the time; so either I file a motion to reconsider and point out some things his ruling failed to address, Or, I file an Notice of Appeal. I am NOT SURE his ruling is a FINAL ORDER, so I don't know if a Motion to Reconsider is available, or practical if it is. Thanks.
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
You could file the motion to reconsider and you need to attach the assignment of the asset to you by true copies of the documents from the BK court and the trustee. You have to provide proof to the court the asset was assigned to you as separate personal property which would be the grounds for you to proceed pro se.


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Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 91095
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 3 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

Paul,


 


All that was done in the complaint. Federal Order to Abandon; nunc pro tunc assignment of assets to me, notarized; etc.


 


I filed the complaint as if I was trying the case through it, even though I know how to keep it more conventionally focused and limited. I've also briefed myself on 1.530, which does NOT apply here, and will present this as a Motion To Reconsider (not rehearing), falling back on the Circuit Court's broad discretion before final judgment to reverse for good cause.


 


Thanks.


MM

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