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Recent Retrial questions

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

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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

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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

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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

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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

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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

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Appeal specific question: There was a civil case suit of

Appeal specific question:There was a civil case suit of several complaints. Plaintiff requested a jury trial. At the pre-trial, the judge knocked down most of the complaints, as they were trialed before in other cases of the same people and same events. The one complaint left for trial was regarding the defendant violation of a civil code regarding paying some money, and plaintiff wanted jury to penalize the defendant. The judge determined that this complaint was not a jury case, based on a previous case on file (for got the title of the case). The trial then became a court trial and later the defendant won the case.Now the plaintiff wanted to file an appeal.1. Is it possible for plaintiff to appeal against the decision that the judge made for not having the jury for the trial? Any merit?2. Was the judge wrong to quote for a different case as a reference, so that this case was determined not a jury case?3. What's the probability to win the appeal, this particular one? If plaintiff win the appeal, what will happen? The whole thing re-trialed by a jury?

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William B. Esq.

Attorney

Doctoral Degree

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I had a lawsuit filed against me, the judge made his

Hello, I had a lawsuit filed against me, the judge made his ruling – I was okay with the ruling. The plaintiff's attorney filed a few motions trying to get his fees, but the judge denied all motions. This attorney filed an appeal with Maricopa SuperiorCourt, again trying to change the ruling in order to get his fees. I filed an answer to his appeal and I didn't realize that I have to pay $222.00 to the court for filing an answer. The question I have is: does filing an answer have a potential to hurt theoriginal case ruling?

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Ely

Counselor at Law

Juris Doctor

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My father is a lawyer and is using the legal system to harass

My father is a lawyer and is using the legal system to harass my mother. He files lawsuits against her and then when he looses he appeals them in different jurisdictions. This has been going on for 10 years. My mothers lawyer continues to send her exorbitant retainers and she has very little money left. Is there an organization or someone that we can talk to to put a stop to this because the standard method of going through the legal process is not working. My father is a very intelligent and skilled lawyer with a team of lawyers and is gaming the system to his advantage with the sole purpose of doing financial damage to my mother. He does not care whether he wins or looses he just wants to get to her by making her rack up legal fees which he is succeeding in doing. In this last appeal my mother has refused to sign the new retainer with her lawyer and is going to represent herself in court. She has no experience whatsoever in doing so. Please help, what are our options? Thank you

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Dwayne B.

Juris Doctor

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