This question pertains to our objection to a hearing that has been scheduled untimely and improperly by the opposing counsel in a Florida civil matter. Briefly -- a court Order granted 90 days for us to obtain new counsel. The Plaintiff has ignored the Order and jumped the gun by noticing a hearing on his motion before our time period for procuring new counel has expired. Therefore we Object to the hearing and want to request that the Court cancel the hearing. Below is a draft for filing an Objection. Does this language look in accord with Florida procedure/law, and do any other points need to be inserted (or deleted)?
Defendant Case No
Defendant’s Objection to Hearing Or: Defendant’s Objection to Plaintiff’s Notice of Hearing (?)
COMES NOW the Defendant ABC, Inc., and hereby objects to the hearing scheduled by the Plaintiff XZY, Inc. for the time of xxxPM date of xxx on the Plaintiff’s Motion for XXXX as being untimely and improper, and respectfully XXXXX XXXXX the hearing be canceled to comply with this Court’s previous Order on xxx date granting the Defendant 90 days to obtain new counsel, as follows:
1. On XXX day a Motion by the Defendant’s prior counsel for Leave to Withdraw came on for hearing before this Court, and the Defendant was present in Court.
2. Having heard argument of those present and being fully advised in the premises, the Court granted the Leave to Withdraw and in so doing granted the Defendant 90 days to obtain new counsel. A copy of the Court's signed and initialed Order is attached herein as Exhibit A.
3. The Defendant is in the process of securing new counsel and the amount of time the Court granted for obtaining new counsel has not yet expired. Therefore, a hearing on the Plaintiff’s Motion would not only be premature, but improper since the Defendant, a Florida corporation, is currently without counsel and would be left unrepresented at the hearing.
WHEREFORE, the Defendant respectfully XXXXX XXXXX the Court order the Plaintiff’s hearing canceled in compliance with this Court’s prior Order allowing the Defendant the full measure of time to obtain new counsel in this matter.