>>>the late filingit would not be a late filing, let me clarify.My motion for a new trial has been filed in a timely fashion in March. I want to file a motion to leave to amend that motion as I have some sworn affidavits.My intention is to file both together ( Notice of Appeal and motion to amend ). I need to file a notice of appeal on the amended final judgement tomorrow as a precaution to the complexity of the case. Judge has done a whole series of mistakes, and there is a re-hearing on a "deemed" motion to amend the amended final judgment scheduled for beginning of June.My view is that I will file a notice of appeal on the amended final judgment because the "deemed" motion will be denied regardless a of any consideration of law etc... That is the assumption we need to work with. Not sure that motion and the order are tolling the time to appeal ? I am checking this right now, but if you have some opinion, I'd be glad to hear. So if it;s not the case in June I will find myself with a situation reverting to the amended final judgment with an order of the court and then I will lose my rights to appeal.I am also intending file a notice of appeal on a previous order denying my motion to strike or dismiss.I will have a question about that next.i understand this is a bit complex. I am not interested with whatever this Judge will decide or not. I am also looking at filing a lot of documentation and pleadings that was not filed on purpose by my opponent to begin with, not by my previous lawyer who was a total failure.Of course, in the light of what you say, the crucial question would then to evaluate if the deemed motion to rehear is tolling the time to appeal.
As per FL Bar Journal :Florida Rule of AppellateProcedureRule 9.020(h) lists the following “authorized” motions as suspending rendition:- Motion for Rehearingit adds the following :It is important to remember that even if the motion is authorized, it must also be timely.
Thank you for the info. The situation is very tricky though :ORDER DEEMING DEFENDANT'SCORRESPONDENCE DATED MARCH 14,2013 AS. PRO SE MOTION FOR RECONSIDERATION AND REHEARINGDated March 26th by the JudgeAmended final judgement is dated March 13thCorrespondence is dated March 14th and received March 15th by the Court Administration ( I put it in the judge's box after it was stamped)Judge declares that she received it on March 18th.... ??? FL RULES OF CIVILPROC 1530 (d) On Initiative of Court. Not later than 10 daysafter entry of judgment or within the time of ruling ona timely motion for a rehearing or a new trial made bya party, the court of its own initiative may order arehearing or a new trial for any reason for which itmight have granted a rehearing or a new trial onmotion of a party.WHAT IS within the time of ruling ona timely motion for a rehearing ?WHAT IF the order is invalid ?I am rather looking at filing my Notices of Appeal and together filing a motion to relinquish jurisdiction in order to allow the trial court to rule on my motions for new trial and rehearing ?
The new trial is a different motion. I need to clarify here.The 1530(d) is not applying to my case, I am sorry i did not mention that this is not my point. My question is the following : I posted a correspondance to the judge in his box at the Court House on March 15 th ( stamped by the Court Admin ) Judge says she received it on March 18th even though the stamp of the Court administration says March 15th.Then Judge issues an order deeming that letter motion to rehear ( nothing to do with my motion for a New trial, I insist ) on March 26th.My question is the following :Is that order within the time of ruling ona timely motion for a rehearing ? If not, is it not invalid ?What is that time ? 10 days ? Does the Court have 10 days after the Amended final judgement to issue an order to deem a correspondence a motion to rehear ?Remember, without the motion and the order, my time to appeal was over about April 12th
Ok, thank you for the info, appreciated. Actually I had another question related to another motion.I haven't seen (yet) in the FL RULES OF CIVIL PROCEDURES any article defining when a timely filed post-judgment motion is dismissed by operation of law. When I Google all what I find is the Alabama rules and case law, where it's 90 days without a Court order.It's probably in the FL Statutes ? Any idea ?
not every state allows motions to be overruled by operation of law.Would this not be a denial by operation of law, when the judge ignores my motion ?Thank you for the info anyway. Would I rather search the FL Statutes for such kind of text and if there is no local rule to be found should the Federal Rules of C.Proc. be applicable then ?The deadline is important if there are some appeals going on
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