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This pro-se litigant made a technical mistake by failing to

Customer Question

This pro-se litigant made a technical mistake by failing to include the cover sheet addressed to the Clerk of the Court for a certificate of Default in which DEFENSE had incurred. Yet, I submitted my petition and supporting documents to the Judge.

Two days after my filing, the Judge closed the Case and now the Clerk refuses to issue the requested Certificate of Default because the case was closed before this PLAINTIFF filed the Application for Certificate. No document stating the judge's decision to close Case appears anywhere; only a coversheet saying "other". No copy of determination to close File either.

I want to reopen Case so that I can obtain the Certificate and request a Judgment based on said DEFAULT. My gounds would be apparent administrative error and excusable negligence because this Plaintiff is not a lawyer.

Please include or refer to any special Forms as well as Codification of Rules and Case Precedents.
Submitted: 3 years ago.
Category: Legal
Expert:  LawHelpNow replied 3 years ago.

Hello Raimundo,
I have direct experience with this type of procedural matter and would be happy to try and help out.
Can you please tell me the full name of the Court in question?
Thanks!
Ben, J.D.

Customer: replied 3 years ago.


It is the Fifteenth Judicial Circuit Court in and for Palm Beach County, West Palm Beach, Florida.


 


Additional Information: I feel concerned about probable traffic of influences and wrongdoing due to the fact that one of the defendants is a lawyer and defense may be subject to liability due to multiple open violations of Chapter IV of his own Rules of Professional Conduct and serious conflicts of interest. Further, an ex employer knowingly, willfully and viciously engaged in transgression of the Wanton Act, so incurring in additional PI. My material proofs are so overwhelming that there is no room for the slightest shadow of a doubt.

Expert:  LawHelpNow replied 3 years ago.

Hello Raimundo,


My name is Ben. I'm a licensed attorney. I am honestly sorry for your circumstances, very much appreciate your patronage, and am glad to try and help out.

Accordingly, I'm pleased to say there is a solution here. There are no standardized forms promulgated to suit your needs either at the local or statewide level. Florida is not terribly "user friendly" to pro se litigants in that regard. If one existed, I would have been pleased to point you in the right direction. However, you ask for authority, and I can certainly provide you with accurate information along those lines.

Your authority for seeking to reopen the case lies here: Florida Rule of Civil Procedure 1.530. If you want an excellent in depth analysis of this topic, which has been a matter of much controversy in Florida civil litigation practice, here's a great secondary source: The Florida Bar Journal. In addition, here's what (at least in my estimation) represents the best judicial precedent in terms of recent case law discussing how this all works: Fitchner v. Lifesouth Community Blood Centers, Inc., ___ So.3d ___, No. 1D10–2019 (Fla. 1st DCA April 13, 2012).

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.


I truly hope all works out for you.


Take care,


Ben, J.D.

Expert:  LawHelpNow replied 3 years ago.
Hello Raimundo,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben, J.D.
Customer: replied 3 years ago.


Hellow, Ben:


So far I feel extremely satisfied with your professionalism and your input. Yes, I recently added a follow up closely interwoven with your first response, but I have had no response yet. You will get my highest rate when I receive your comment.


One of my petitions in the case that appears to have been closed (as previously explained) for an administrative error is the following:


Defense, predatory insurance carrier, and court reporting company taking an EUO from me in December 2009 paid no attention to my demand for the following legal materials to which this victimized Plaintiff is entitled by law: 1) The actual recording of said EUO in my own voice and that of the Interrogator (Insurer's EUO Manager). 2) The certified stenographic version, and 3) A certified copy of EUO Transcript.


All of the above are needed to bring up suits against E&O Policies of Insurer's Officers and Agents due to Tainting of Evidences and other violations covered under E&O policies. All were clearly denounced in original Complaint.


Further, all "excuses" have relied on deceitful and dilatory tactics characterized by concealment, misrepresentations, and coverup of open violations clearly depicted under Chapter IV of Rules of Professional Conduct of indolent Bar.


How can I secure said materials. All of this appears to be a conspiracy to cover the back of prevaricating adjusters and their lawyers.


Thank you in advance for your input.

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