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Recent Retrial questions

I have received a non binding tentative decision (TD) that

I have received a non binding tentative decision (TD) that indicates at the end (CRC3.1590/1591) that I have 10 days from filing to "specify principal controverted issues as to which the party is requesting a statement of decision or makes proposals not included in the tentative decision" I am represented in Propria Persona in Family court and a civil partition action and this one is difficult to understand. Does this mean I go through the TD, find misstatements, errors, miss allocation of testimony, and anything else that is in error, introduce by page and line, quote the statement, then give the correction, or "my understanding of. . .", any other correction necessary, and submit. What form should this be presented? (Like Points and Authorities, argument, etc?)and what if the error is so egregious correction requires a rather long address? I am at least trying to preserve my right to appear or motion for mis/re-trial if necessary. There was no court reporter present.

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Legal Eagle

Attorney

Doctoral Degree

1,492 satisfied customers
I went to court today for child support, my son father came

I went to court today for child support, my son father came with his attorney, the state represented me, well anyway I had pictures and video of guns laying around the house and by the baby while he was sleep, he is very vindictive, he does things to hurt me like one time he broke in my house and hid in my closet with a gun because I broke up with him, he took my cats and dumped them because I went out with friend, he stole my jewelry because I took my kids to Fiesta Texas and so on! While in court he lied about where he lives, he stated he lives with his mom in a 3 bedroom house in which that house was condemned with mole, he lives with his sister, mom and his mentally ill brother to make a long story short, I told the court my concern and about how I feel that my child is unsafe, even tho I had a police report, pictures, videos and text messages to back up it all up, he still lenient the whole thing and the judge granted him standard visitation, I advised the judge once more that he lives with a mentally ill person it didn't matter to him, my voice wasn't heard every time I tried to speak his attorney stops me, the state attorney told me I can ask for a retrial but I only have 3 days to do it, what shall I do I am scared for my son.JA: Because family law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Has anything been filed or reported?Customer: I report the break in and had a police report, I even report to the Houston Humann society about the cat, I report one time weeny he got mad at me a came to my house while I was at work and took my son and refused to bring him back I called the police , they told me to file for sole custody I which that why I went to court, I even reported the guns the police said that their was nothing they could do until the baby touches it, I tried telling the judge that I don't want to end up like the people on the news whereas the ex boyfriend kills or hurt their child just to get back at the mom.JA: Anything else you want the lawyer to know before I connect you?Customer: Yes when in court for child support they only ordered visitation can I go back for so,e custody , that was what was suppose to happen but somehow it was not brought up.

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Asad Rahman

Attorney

J.D.

4,518 satisfied customers
I was the defendant in a wrongful death suit in ga the case

i was the defendant in a wrongful death suit in ga the case was a mistrial because the plantiff lawyer perjured the jury so the judge called it a mistrial can they still file for a retrial if the if the statue of limitation has pass they\originally file in time for the first trail

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Dwayne B.

Juris Doctor

37,546 satisfied customers
In a common sense case if a person wasn't seen a the crime

In a common sense case if a person wasn't seen a the crime breaking in a home and no one witness the crime.In the State of Florida can a person be convicted on a palm print through a agency without showing documentation of a person. If a person had a trail and the trail was hung jury can a judge retail the case after he giving his word on a mistrail

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Zoey, JD

Doctoral Degree

33,346 satisfied customers
If a person in The estern diștrict. Poșt mistrial, (hung

If a person in The estern diștrict. Poșt mistrial, (hung jury) sucessfully had His case dismissed For speedy trial act violation STA. 3 years after The trial. How long does The goverment have to refile. Charges were dismissed without prejudice. The defendents is in pro se. Dismîssed charges usc 1591 And 2251 aiding And abeting.

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Gerald, Esq

Juris Doctor

6,824 satisfied customers
I recently received a Final Summary Judgement Against me in

I recently received a Final Summary Judgement Against me in Small Claims court.I had the original Final Default Judgement Against me vacated due to non service, but the judge deemed my answers filed and the plaintiff filed for summary judgement. I subsequently filed for a Motion for Retrial and am intending to file for appeal with the circuit court. My grounds for filing the Motion for retrial as taken from the motion are as follows:1. Although neither court ruling nor any ruling on any of Defendant's Objections were ever announced to the Defendant, the Court clearly erred by basing its decision on parol evidence offered by the Plaintiff without the Plaintiff proving that this evidence met any exceptions to the parol evidence rule and against Defendant's objections.2. Court erred in not requiring that Plaintiff provide a full validation of the alleged debt starting from the beginning of when the account allegedly began and per Defendant's demand, because older debts if any would be subject to the Statute of Limitations Rules, if the cause of action used is “Account Stated”.3. The Plaintiffs made the unsubstantiated claim that they were immune to the Parol Evidence Rule because their Cause of Action was ‘Account Stated' and that Defendant did not object. However, as correctly raised by the Defendant during the hearing and as stated by Plaintiffs in their Motion for Summary Judgment, all accounts stated must be based on an agreement (contract) between the parties. “There can be no liability on an account stated if there has been no mutual agreement, and mere presentation of a claim and its retention without objection does not of itself create a liability,” (See Recreation Corp. of America v. Jack Drury & Associates, Inc. 235 So. 2d 49 (Fla. App. 4 Dist. 1970) and “Because a valid account stated must be based on previous dealings between the parties, the plaintiff must show that, at the stating of the account, there have been previous dealings and transactions. Lion's support for its motion for summary judgment on count IV, an open account, required a showing that it was based upon a connected series of transactions with no break or interruption.” Mercado v. Lion's Enterprises, Inc., 800 So. 2d 753 (Fla. App. 5 Dist. 2001) )4. As correctly raised by Defendant during the hearing, Plaintiffs Complaint did not state that their cause of Action was ‘Account Stated'. “Complaint failed to state cause of action for “Account Stated” where allegations therein did not show existence of a mutual agreement.” (See Dionne v. Columbus Mills, Inc., 311 So.2d 681 (Fla. App. 2 Dist. 1975) )5. Plaintiff's claim to the ‘Accounts Stated' Cause of Action (as correctly raised by Defendant during the hearing of October 1, 2015) is unsubstantiated because the alleged evidence they offered did not prove a valid account stated by showing successive purchases and/or services and payments by the Defendant. “Mere failure to object to an account sent by mail to one who has had no dealings with sender, does not give rise to presumption of acquiescence of debt.” (See C. & H. Contractors, Inc. v. McKee, 177 So.2d 851(Fla. App. 2 Dist. 1965) and Mercado v. Lion's Enterprises, Inc., 800 So. 2d 753 (Fla. App. 5 Dist. 2001) and “Where there have been no business transactions giving rise to the preexisting obligation, a statement of account will not support an account stated.”ARCHITECTONICS V. SALEM-AMERICAN VENTURES District Court of Appeal of Florida, Second District 350 So.2d 581 (Fla. Dist. Ct. App. 1977)6. Plaintiffs failed to prove that the account qualified as a valid account stated because the alleged evidence offered did not show successive monthly or periodic purchases or services rendered to Defendant and payments made by Defendant. As correctly raised by the Defendant during the hearing “There can be no liability on an account stated if there has been no mutual agreement, and mere presentation of a claim and its retention without objection does not of itself create a liability,” (See Recreation Corp. of America v. Jack Drury & Associates, Inc. 235 So. 2d 49 (Fla. App. 4 Dist. 1970) and Mercado v. Lion's Enterprises, Inc., 800 So. 2d 753 (Fla. App. 5 Dist. 2001))7. Based on the foregoing, the Plaintiffs based their claim on an incorrect Cause of Action because they did not prove that the account claimed is a valid account stated.8. Plaintiff was allowed to break procedure and file an affidavit by their authorized agent (***** *****) separately from their original complaint. This alone should have forced the Plaintiff to refile their complaint. In addition, since ***** ***** is employed by the Plaintiff it clearly constitutes a conflict of interest.9. The foregoing were raised by the Defendant during the Hearing for Summary Judgment, but clearly ignored by the Court.Can you confirm whether or not any of the above would be gro

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Delta-Lawyer

Doctoral Degree

6,072 satisfied customers
Or other if unavailable... This question is follow-up to my

For Dwayne B. or other if unavailable...Hi. This question is follow-up to my question on 10/1 in regards ***** ***** motion for retrial in a criminal case which my lawyer and I plan to file after I received a guilty verdict.My lawyer is in the process of writing up our motion for retrial and will file it soon. Say that the trial judge grants the motion for retrial... if that happens, I would seek to hire a new attorney. Would my current attorney be able to file a motion for continuance so that my new lawyer could get up to speed on my case? Also, would my new lawyer be able to file motions to dismiss, or what that opportunity be forfeited and wherein we would have to proceed directly to trial?

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Dwayne B.

Juris Doctor

37,546 satisfied customers
I understand on the retrial that the prosecutor does not

I understand on the retrial that the prosecutor does not have to provide a witness list again. But what about subpoenas? Do the witnesses have to be subpoenaed again? If so, how many days before trial?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

115,356 satisfied customers
I am representing myself on a civil law suit. The trial is

Hi, I am representing myself on a civil law suit. The trial is set to October 13. What is going to happen on October 13? Will be Judge explaining us the rules and so on or will the trial start immediately? Are we going to select jury on 13th?

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Ray

Lawyer

Doctoral Degree

41,476 satisfied customers
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