Pro-se in divorce. It’s now been nine days since the final, final hearing (the case was bifurcated). Petitioner’s counsel is usually prompt about drafting the court’s order; however, this time seems to be dragging his feet. Judge seriously erred when imputing the amount of income as determination was based on no evidence (really), much less, “substantial, credible evidence” which is required. Is opposing counsel stalling intentionally? I understood that I have 30 days to appeal, but I thought that was from the date of the judge’s signed order. I thought too that there was something about 10 days from … is it the court date … or the actual signed order, that I can file a motion to clarify or something of that nature in which to get the judge to possibly modify another error (though not of near the same magnitude)? Txs.
State/Country relating to question: Florida
I understood that I have 30 days to appeal, but I thought that was from the date of the judge’s signed order.It is the date that you actually receive the signed order but to be safe I always get it in within 30 days of the date signed.that there was something about 10 days from … is it the court date … or the actual signed order, that I can file a motion to clarify or something of that nature in which to get the judge to possibly modify another errorYou can ask for a reconsideration. That is your best route since it is extremely difficult to win on appeal.
What is the time limit for "reconsideration" and what do I do? Do I just write the judge a letter?
It is 10 days and you have to file a motion giving your reasons and serve the other party. It has to be in the proper motion format with cover sheet and fee.
sorry, just one last clarification. you state that the motion needs a cover sheet? what needs to be included and who is the cover sheet addressed to? thanks.
Here are the family court forms and location of the self help centers. See 122.928An accept for my time is always appreciated.
I don't see where the family court forms are? Also, I Googled 122.928 (presuming it was a Florida statute) and get nothing...?
Beyond providing the link or exact reference, can you please state in layman's terms what you meant by "cover sheet." I certainly understand what a cover sheet is with regard to say a facsimilie, but I don't know if there are certain technical requirements in this situation. Who is the cover sheet addressed to?
Sorry for some reason the link did not pastehttp://www.flcourts.org/gen_public/family/forms_rules/index.shtml122.928 is the form number and it is self explanatory
Practicing family law attorney
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