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I missed our pretrial conference/mediation in Hillsborough…

I missed our pretrial...

I missed our pretrial conference/mediation in Hillsborough County, Florida. The matter was brought against us by a former tenant because we did not return his security deposit due to damages and the state he left the house in. We misread the date - thought it was september 16 but was actually september 6.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Florida

Lawyer's Assistant: Have you contacted the manufacturer?

What? this is a tenant disputing the fact that we did not return his security deposit on a lease agreement

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Does this cost anything?

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Answered in 1 minute by:
9/10/2016
RayAnswers
RayAnswers, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 45,222
Experience: 30 years as Texas lawyer representing consumers
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Here you can contact mediator and try to reschedule.Mediation is voluntary and they likely will do so.At worst this gets scheduled for a hearing.You are allowed to try and resolve this yourself here, either contact other party or their lawyer if they have one.But it is very likely you can schedule mediation.Since it is voluntary here you may want to try again to resolve it and reschedule mediation.

I appreciate the chance to help you today.Please let me know if you have more follow up.If you can positive rate when we are done it is always much appreciated,Thanks again.

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Customer reply replied 1 year ago
We were not interested in Mediation. We only discovered that we had the wrong date because we received a Final Judgement Against Defendant in the mail basically saying that we had to pay the tenant his security deposit plus court fees.
Customer reply replied 1 year ago
Because we (the defendant) failed to appear at pretrial.

So the court entered judgment since you did not appear and respond.You would have to file motion for new trial or appeal to higher court if you want to take this further.Since there is a default these are your options other than to pay.

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Small Claims Rule 7.180 provides that a motion for new trial must be filed within ten days. Florida Rule of Civil Procedure 1.530 provides that a motion for new trial or rehearing must be served within ten days

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RULE 7.180.

MOTIONS FOR NEW TRIAL; TIME FOR;

CONTENTS

(a)

Time.

A motion for new trial shall be filed no

t later than 10 days after

return of verdict in a jury action or the date of filing of the judgment in a nonjury

action. A timely motion may be amended to state new grounds at any time before it

is dis

posed of in the discretion of the court.

(b)

Determinat

ion.

The motion shall set forth the basis with particularity.

Upon examination of the motion, the court may find it without merit and deny it

summarily, or may grant a hearing on it with notice.

(c)

Grounds.

All orders granting a new trial shall specify the specific

grounds therefor. If such an order is appealed and does not state the specific

grounds, the appellate court shall relinquish its jurisdiction to the trial court for

entry of an order specifying the grounds for granting the new trial

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ppeal

An unsatisfied party has the right to appeal a judgment to the circuit court. However, the procedures for appealing a judgment are complex so it's best to consult an experienced attorney. Also, detailed instructions for filing a small claims appeal are available from the clerk of the court.

On appeal, the circuit court will review the law used to decide the case; it will not review the facts of the case. Parties have 30 days to file an appeal.

Florida Rules of Appellate Procedure

The Florida Rules of Appellate Procedure govern the court's review of orders and judgments. You can find the Florida Rules of Appellate Procedure on The Florida Bar Web site.

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These are your next options here motion for new trial and appeal.I appreciate the chance to help you and wish you the best here.

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Customer reply replied 1 year ago
I guess I would need to go down to the court house and speak with someone there about filing a motion for a new trial? Remember, there was no trial - this was a pretrial hearing that we missed.

You would have to file a motion for new trial and you may get forms down there.Do it quickly only 10 days from judgment here.

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Thanks again.I appreciate the chance to help you.If you can positive rate it is much appreciated.

RayAnswers
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Category: Consumer Protection Law
Satisfied Customers: 45,222
Experience: 30 years as Texas lawyer representing consumers
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RayAnswers, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 45,222
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