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Can an individual file a motion for rehearing on a consent

final judgment in a divorce...
Can an individual file a motion for rehearing on a consent final judgment in a divorce if they feel the Attorney made an error in equitable distribution of marital home?
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Answered in 11 minutes by:
8/1/2012
max713
max713, Lawyer
Category: Family Law
Satisfied Customers: 1,893
Experience: I am responsive, respectful, and relentless.
Verified

max713 :

Hi, I'm trained and experienced in family law, and I would love to help you through your current situation.

max713 :

Yes, you can reopen based on new facts; clear error by your attorney would be sufficient.

max713 :

Does that make sense?

JACUSTOMER-7r3ko923- :

Yes but the grounds for reconsideration would be (1) an intervening change in controlling law, (2) the availability of new evidence, (3) the need to correct clear error or prevent manifest injustice - Which one is this error - no change in law, attorney knew mortgage was 10,000 month, # XXXXX possibly?

max713 :

Yes, it would be 3.

max713 :

... you could argue it was caused by your attorney's clear error.

max713 :

... AND that to continue without correcting the error would cause injustice.

JACUSTOMER-7r3ko923- :

what about mediator in case? Is he equally liable?

max713 :

No.

max713 :

Mediators are not held liable for the agreement.

JACUSTOMER-7r3ko923- :

so if Attorney agreed to language Mediator recommended he is held responsible because he was to represent my best interest?

max713 :

Correct.

JACUSTOMER-7r3ko923- :

My Attorney golfs with Judge that presided over case so it makes it difficult for me. Is my time limit 10 days from date Judge signed consent?

max713 :

It is if you're filing a motion to reconsider.

max713 :

However, you can also motion to reopen at a later time on the basis of new facts or clear error.

max713 :

If a judge favors your former attorney, it will be more difficult though.

JACUSTOMER-7r3ko923- :

I was told by clerk at courthouse that I needed to file a motion for rehearing on consent final judgment. Judge signed 7/27/2012

max713 :

Then, you still have time to do so.

max713 :

I would recommend hiring a different attorney to help, unless you believe your attorney can do it right this time.

JACUSTOMER-7r3ko923- :

Since he has not returned my calls, emails asking for resolution to this problem I gathered he did not want to admit to any mistake in front of his peer.

max713 :

Right, that makes sense.

max713 :

Well, to proceed with a different attorney, you will need to request from the court that he be withdrawn.

JACUSTOMER-7r3ko923- :

If I file pro se, can I have an Attorney review the document for me? Does this Attorney have to disclose they reviewed the document?

max713 :

No, you can have standby counsel that has limited role of representation (that does not include trial representation)

max713 :

You can absolutely do that.

JACUSTOMER-7r3ko923- :

I know I have the right to ask the court that he be withdrawn, the problem is I am also fighting for custody of my daughter and my ex is an attorney.

max713 :

Got it.

JACUSTOMER-7r3ko923- :

So I retain different Counsel to represent me with filing of motion for rehearing? Is that acceptable with still having current Attorney on custody battle?

max713 :

Yes.

max713 :

First of all, you may co-counsel.

max713 :

Second of all, you may have standby counsel who has limited role of representation.

max713 :

Does that make sense?

JACUSTOMER-7r3ko923- :

So basically I cannot file the Motion for Rehearing pro se? How can I be co-counsel if I am not an Attorney?

max713 :

I'm sorry, I meant you can have co-counselors (more than one attorney).

max713 :

Sorry if that was unclear - the way I said it.

JACUSTOMER-7r3ko923- :

Is there any legal forms that would help in drafting pro se that I could access to help draft this Motion?

JACUSTOMER-7r3ko923- :

Want to be sure I understand, another Attorney would not be able to review my pro se motion unless I hired them as co-counsel correct?

max713 :

No, that's not true.

max713 :

You can hire standby counsel.

max713 :

Sorry for the confusion.

JACUSTOMER-7r3ko923- :

How is standby counsel defined in document? New Attorney just attends hearing that would be scheduled once I file Motion?

max713 :

True, and you do not have to report standby counsel to the court.

JACUSTOMER-7r3ko923- :

So standby counsel just comes to hearing with me?

max713 :

Or, he or she can choose to review documents ONLY.

max713 :

It depends on the retainer agreement.

JACUSTOMER-7r3ko923- :

Since time is of essence, I need to proceed, does case law have to be cited?

max713 :

No, but you should cite relevant law.

JACUSTOMER-7r3ko923- :

In other words if I word the Motion incorrectly and Judge denies request for hearing, I do not get another chance?

JACUSTOMER-7r3ko923- :

Where does one research relevant law?

max713 :

Great question.

max713 :

You're in Florida, correct?

JACUSTOMER-7r3ko923- :

This is not an Appeal. I understood from Clerk that I have the right to ask for rehearing before 10 days is up from date Judge signed.

JACUSTOMER-7r3ko923- :

Yes I am in Florida

max713 :

There's a pretty great sample: http://www.scribd.com/doc/58160917/Motion-for-Rehearing-and-or-Reconsideration

max713 :

This should also be helpful:


RULE 1.530 MOTIONS FOR NEW TRIAL AND REHEARING

max713 :

This is another pretty good sample:


Motion for Rehearing - Mattweidnerlaw.com

JACUSTOMER-7r3ko923- :

You have been most helpful to me, would you be able to consider reviewing document?

max713 :

Thank you. I'm sorry to say that would be against Justanswer rules.

max713 :

I wish I could.

JACUSTOMER-7r3ko923- :

Can you offer suggestions on someone helping me? Judge prefers male attorneys

max713 :

I would recommend that you call the state bar; it will refer you to a very competent attorney.

max713 :

www.floridabar.org/divpgm/lronline.nsf/wreferral6?openform

JACUSTOMER-7r3ko923- :

Thanks already researched a few good attorneys but they have discpline actions in last 10 years but will look agan.

max713 :

You are most welcome.

max713 :

Please rate me before you leave.

max713 :

... so I will be compensated for my work.

JACUSTOMER-7r3ko923- :

I will. thanks

max713 :

You are most welcome.

max713 :

Best of luck.

max713 :

If you attempted to rate me, I'm afraid it did not work.

max713 :

You can click the happy face, or click on a number.

max713 :

Thank you.

max713
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Satisfied Customers: 1,893
Experience: I am responsive, respectful, and relentless.
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max713
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Category: Family Law
Satisfied Customers: 1,893
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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