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Floridalegalanswer
Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
Experience:  I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law
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i filed a motion to stay an execution of judgement but the

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i filed a motion to stay an execution of judgement but the matter is now moot since the judge has heard the facts in a trial and is expected to rule on the matter. how can i withdraw this motion.

Floridalegalanswer :

Hi there!

Floridalegalanswer :

You may file a Notice of Withdrawing Motion. Generally, you would state the title of the Motion you are Withdrawing...So, if your Motion were titled "Motion to Stay an Execution of Judgment", the you title it "Notice of Withdrawing Motion to Stay an Execution of Judgment". In the body of the Notice of Withdrawing Motion, you may state the specifics (eg. Plaintiff withdraws his Motion to Stay an Execution, filed on December 3, 2012 as the issue is now moot....)

Floridalegalanswer :

***sorry, I should have stated "then you may title it" and not "the you title it"

Floridalegalanswer :

So, basically it is the same procedure as filing the Motion, only now you are giving "Notice" that you are withdrawing the Motion.

Floridalegalanswer :

You would file and serve it on the other party the same as you did the Motion itself. Typically, file the Notice of Withdrawing with the Court and Mail a copy to the other party.

Floridalegalanswer :

Please let me know if you need any clarification or have any additional questions. Otherwise, please Accept and Rate my answer. Thank you and Good Luck!

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