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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience:  Family Law Attorney
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In Brevard County Florida, is there a time limit on the petitioners

Customer Question

In Brevard County Florida, is there a time limit on the petitioner's lawyer in a Dissolution of Marriage proceedings presenting the draft final order? Court date - Feb 16, 2011. "Rendition" approximately June 5, 2011. No action to date (12/1/11).
Submitted: 2 years ago.
Category: Family Law
Expert:  LADY LAWYER replied 2 years ago.

LADY LAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you today.

LADY LAWYER :

No, there is no statutory time limit; however, if the other attorney is being remiss about handing it in, your attorney should draw one up and do it. I am sure s/he has a copy of the one you have already hashed out.

LADY LAWYER :

You can also seek to go to trial by submitting a motion for trial. This may spark the other attorney on.

LADY LAWYER :

I realize how frustrating this is. It is frustrating for attorneys when opposing counsel does this to us as well.

Customer:

I'm sure my case is the only one where the Judge really goofed. My lawyer had planned to file for a rehearing and if that failed, file an Appeal. I think the Appeal window (30 days after rendition) is passed.

LADY LAWYER :

Yes, it would have passed by now.

LADY LAWYER :

It sounded like you hadn't had a final decree issued yet though, is that correct>?

LADY LAWYER :

Why didn't you attorney follow through with the rehearing or the appeal?

LADY LAWYER :

You there? :)

Customer:

I crawled out of my deathbed to get to Florida in February for the trial. The cheapest way might be for my lawyer to submit the order. There is no doubt that the decision has multiple major errors.

LADY LAWYER :

Okay, if a final order has not been presented yet, your attorney can DEFINITELY draw one up and if the other party doesn't object, it will be made final.

LADY LAWYER :

This would be the easiest, cheapest and fastest thing to do.

LADY LAWYER :

Are you still ill or are you doing better?

Customer:

I'm new on this chat stuff. I missed most of the conversation

Customer:

I'm doing better.

LADY LAWYER :

You can use the tab on the right to scroll up and view it again :)

LADY LAWYER :

I am glad to hear you are doing better. I am chronically ill (autoimmune) so I empathize with anyone going through an extended illness.

Customer:

If you would like to see the timeline, you can go to Register of Actions for Case No. 05-2009-DR-025279-XXXX-XX for Brevard County.

LADY LAWYER :

Okay, thanks. Did you have a particular question about the timeline? Because it is true that the time to appeal the judge's decision may be over but you will have to talk to your attorney because if a final order has not actually been entered, this may mean you can still appeal.

LADY LAWYER :

Some things are not always reflected on the online docket but your attorney will know the details.

Customer:

My lawyer filed a notice of Nonavailability on August 25, 2011. I got billed for travel to what I think was the "rendition". Of course, it is ridiculous to not be able to appeal a decision but "that's the law."

LADY LAWYER :

Well, there is a motion for rehearing and one for reconsideration. I will check out the docket.

Customer:

My lawyer's plan was to immediately ask for a Rehearing. That she can do within so many days after the decision is entered.

LADY LAWYER :

I need the last 6 digits of your case number, they have been "xed" out from my screen. Do not put any dashes in it. Thanks.

Customer:

They are "XXXX-XX".

Customer:

"XXXXXX"

LADY LAWYER :

It is still xing them out. It's a privacy thing. Try typing 3 numbers, a space (no das) and the next 3 numbers.

LADY LAWYER :

Nevermind, I got it.

Customer:

Good.

LADY LAWYER :

Is your attorney still working for you?

LADY LAWYER :

It looks like the case was reassigned to a different judge.

Customer:

Interesting question. Yes, the new judge would be good. However, only Judge Roberts can hear a motion to rehear. Perhaps only he can do the rehearing. Unless he dies or is recognized as incompetent.

LADY LAWYER :

There have been several recent notices of unavailibity so I was just wondering.

LADY LAWYER :

No, the new judge can hear the MTR.

LADY LAWYER :

But like I said, since there has not been a final order yet, you are still able to appeal.

LADY LAWYER :

It is 30 days from the time the final order is ENTERED.

LADY LAWYER :

Your attorney should be telling you these things, unless, of course, he isn't because he wants more money.

LADY LAWYER :

Anyway, please let me know if you have any more questions on this matter. Happy to answer them if you do.

Customer:

The final day in court was Feb 16. Written closings were requested NLT March 28. They were late. The unavailability notices were for the "rendition". There is only one after June.

LADY LAWYER :

Okay.

Customer:

My attorney is a "she". I looked at the statutes and procedures yesterday. If "the Court" decides the case, the Appeal limitation is from "rendition" and not when it is entered. If a Jury decides the case, you are correct.

LADY LAWYER :

Okay, she. I don't know if you caught what I said above, but until a final order is actually entered, you still have time to appeal. It is 30 days from the time that the final order is entered.

LADY LAWYER :

You didn't say one way or another and it doesn't really matter.

LADY LAWYER :

But you said there had not been a rendition yet, correct?

Customer:

If there were a statute of limitations of the proceedings in Florida, I could file for Separation here in Missouri. That should be cheaper than a rehearing and/or Appeal.

LADY LAWYER :

No, there is none. However, if nothing is done or filed for 10 or more months, the court can make its own motion to dismiss for lack of prosecution. Or, the parties can withdrawl the petition.

Customer:

If I understand you correctly, "the parties" can withdraw the petition after "10 months." Can one party withdraw it?

LADY LAWYER :

No, the parties can withdaw it at any time.

Customer:

This sounds like you are getting close to answering the question I wanted to ask.

LADY LAWYER :

No, not if an answer has been filed, which it has.

LADY LAWYER :

Well, I am sorry, your actual question has been a little confusing. Glad we are on the right track :)

LADY LAWYER :

Both parties would have to file a joint stipulation and order to withdraw.

LADY LAWYER :

But if neither party did anything for 10 months, the court would kick the case out on its own motion.

Customer:

Here, you sat the court "would" kick the case out on its own motion. Earlier, you said "could". "Would" is much better for my purposes. It sounds like what I need to do is tell our daughters to help us do nothing for 10 months.

LADY LAWYER :

The reason I used could and would is because the court eventually WILL kick it out if nothing is done and is supposed to do so after 10 months of no activity; however, what the court SHOULD do and what it WILL do are two different things. I have had courts wait until 12 months or more before they actually file the notice of lack of prosecution.

LADY LAWYER :

I am deliberate with my words even if you're not sure why.

LADY LAWYER :

You can always make your OWN motion for dismissal due to lack of prosection after 10 months.

Customer:

The 10 months should be up in June. I am deliberate with my words and letters such as Xs.

LADY LAWYER :

You do not have to wait until the court does it. If you did this, you would not need your ex's permission.

LADY LAWYER :

Sorry, don't understand your reference unless you mean that you were typing in the x's earlier and not the numbers.

LADY LAWYER :

No worries.

LADY LAWYER :

Do you have any more questions for me at this time?

Customer:

There are no numbers. They are currently Xs as in the link I sent which you did not have to use.

LADY LAWYER :

I was able to access the case from the first part of the numbers that you gave me. thanks!

LADY LAWYER :

It worked fine.

Customer:

I think you have helped me find a cost effective "approach" if not solution. The fly in the ointment is that my sister called earlier this morning and said she had gotten a phone call from a deputy sheriff in Florida and said something about a summons.

LADY LAWYER :

Well that means you are being summoned to court, but I don't see anything in the docket from your current case to reflect this.

LADY LAWYER :

Might it be a different case?

LADY LAWYER :

You can search by your name for other cases.

Customer:

My lawyer "likes to work with" the other lawyer. I think it might be a different person. I looked and nothing new was in the database for me.

LADY LAWYER :

Okay, you're probably correct then.

LADY LAWYER :

That's all you'd need, right? :)

Customer:

Yes.

Customer:

I learned how to use reply instead of enter!

LADY LAWYER :

haha

LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience: Family Law Attorney
LADY LAWYER and 16 other Family Law Specialists are ready to help you

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