Recent Feedback
Let me tell you about a little game my Judge is playing.I was due to return Plaintiff’s discovery requests to them by August 7th. On August 7th, I did return the Discovery requests by hand delivery to Plaintiff and also filed with court same day. During the 30 days I was allowed for return of Discovery, I had petitioned the Court to allow me to Amend my Original Answer to the lawsuit, including a demand for a Jury Trial. The judge’s response was to Court Order me to Mediation. Fla. R. Civil P. state that the parties to the lawsuit have 10 calendar days from the date of the court order to Mediation to agree on a private mediator or the Court will appoint a mediator for them. On the day I filed my response to Discovery, Day 30 of the deadline, another court order was drafted, 3 days ahead of the 10 day statutory deadline, ordering me into the Court’s own Mediation program. The letter set Mediation to start on July 9th. Because of the court not following the law, that 3 days meant the difference between my getting my discovery served and returned in 30 days prior to the start of court ordered Mediation. I can’t help but think the judge looked and saw that I had returned Plaintiff’s Discovery but not filed my own Discovery at the same time, and ordered me into the Court Mediation Program three days early knowing I would not have my Discovery back before Mediation started.What is my recourse with a Judge who is taking the other side ?
Optional Information: Country relating to Question: United States State (if USA): Florida
I doubt that the judge saw the discovery issues and then ordered the mediation to prevent you from having answers. They probably just went ahead and set the date because they're sloppy.Go ahead and proceed with your other motions and mention in there that the mediation was set too quickly and if it had waited the extra days it meant your discovery would have been answered.If you go to mediation there is nothing that says you have to settle. You can take the position that their discovery answers will favor you, that they don't have proof, etc.Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like but I believe I have answered all of the questions you asked.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Experience: Began practicing law in 1992
Unfortunately, I already filed the other two motions about Continuance of Mediation and Amended Motion to Amend Answer and did not think to mention about them choosing a Mediator for me three days early.
When you go in to argue the motions just mention it then. Be careful that you don't sound accusatory but mention that the shortened time prevented you from being able to have sufficient materials to do an effective mediation.Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like but I believe I have answered all of the questions you asked.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.