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Lucy : New question about 1.530 (b) "A timely motion may be

amended to state new grounds...
Lucy : New question about 1.530 (b) "A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined "

Can you please "translate" for me as I am still a bit confused if the deemed motion is determined at the hearing or by the order deeming motion, and if in fact I can amend it and how ( the judge won't like it )
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Answered in 5 minutes by:
5/15/2013
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,008
Experience: Attorney with experience in family law.
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Hi,

That just means that, if you filed a Motion under Rule 1.530, and you found additional reasons that it should be granted that weren't originally stated, you could ask the judge to amend the motion before he issues a ruling. The judge doesn't have to allow it, but he can choose to allow it. This could happen in a situation where the Supreme Court decides a case after your motion is filed that has a direct impact on your case, and you want to bring the ruling to the judge's attention.
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Customer reply replied 4 years ago

Ok, so this would not apply to my new trial motion when the judge issued an order denying it ?

You can only amend the motion before it's decided. If the judge denied it, it can't be amended. Since you have another motion pending and haven't had the hearing you, you could request to amend that one, if you have new reasons that the motion should be allowed.
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Customer reply replied 4 years ago

Ok.Thank you !

So, can I file a motion to amend the "deemed motion" and to reconsider the order denying the new trial motion and come up with my massive evidence and 7 or 8 sworn notarized affidavits (one is on the way), since the people thta know me and had to do with the facts are quite upset by the way this court case went and are definitively willing to help me ?

The rule allows you to file a motion to amend a motion to reconsider. That doesn't mean that the judge will allow the amendment - he has discretion to deny it. The judge likely won't allow amendment on any basis raised in the original motion that was denied.
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Customer reply replied 4 years ago

Ok, thank you.


Now this is my question: since this trial hearing happened in January 2013, I have incidentally met quite a number of people that I used to know when I was living in Boca Raton and my office was there, inside the property of the Plaintiff and next, across the street.

At the trial hearing, I argued that Plaintiff was suing the wrong party because the check he alleged to have benefited to me was actually to the order of my corporation. Plaintiff did not come with any scintilla of evidence to prove how the check could benefit to me.

The judge asked us to send a proposed final judgment and I sent mine finding these facts.

Now, I recently met a previous sub-contractor of my Corporation, a bookkeeper and tax consultant that used to work for us in Boca Raton until end of 2010. He asked me news, etc... and I told him about the case. He was the one who had brought the check in 2010 to deposit to the Corporation's bank account and remembers very well that it was to pay off a loan and some of the expenses the Company did to renovate entirely a studio adjacent to the main house one year before the facts. The Company was doing vacation rentals and I was about to buy the house then, so Plaintiff convinced me to do these works as this could be profitable to the Company and to me.

The bookkeeper has seen the works as the studio was located near the office and he has also seen all the invoices to purchase materials and all, thta amounts roughly to the amount of the check of Plaintiff. The workmanship comes on top, but Plaintiff was paying refunding the corporation on a lumpsum basis, becuase I was about to purchase the proprerty at appraised value which was including these works - meaning they would have been paid twice if not refunded.

Plaintiff alleged that I had installed only one cabinet in the studio, but it was a total overhaul with expensive materials, including bathroom, kitchen etc... So I also met other contractors involved in the works and when I told them that, they were shocked and they offered to help me, so they wrote sworn affidavits that show the truth, with pictures.

NEW EVIDENCE:

The bookkeeper, who was doing the payments of the Company, remembered also that he had received a written instruction of Plaintiff to resume paying the rents as per agreement with me, and seached an old computer and found it, which is invalidating totally the claim of back-rents of Plaintiff.

The list goes on and on, it's not the purpose to review all, but the amendment.

So actually, what I have is quite a number of new evidences in a situation of excusable neglect because I believed the case had been dismissed based on judge's initial order that he overruled erroneously and despite our second motion to strike/dismiss.

What is simply "new evidence" or as per 1.540 of course needs ot be established.

New evidence is evidence that could not have been discovered prior to the trial using reasonable diligence. If your argument is that you didn't need to gather evidence because the case had been dismissed (which seems logical), then it may come down to how much time you had to prepare/seek information after you were notified that it the case had been reinstated.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,008
Experience: Attorney with experience in family law.
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Customer reply replied 4 years ago

Lucy, I think you make a very good point here, and we will continue the discussion after I check a few more points at the Law library of Miami's Court tomorrow. Indeed, I have seen a few things there today but I did not have so much time.

I should be available most of the day tomorrow.
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Customer reply replied 4 years ago

Ok, thank you ! I am posting a new question to summarize this in view to prepare my "studies" of tomorrow...

I just saw this. I'll go look at the other question.
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Customer reply replied 4 years ago

ok

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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,008
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Experience: Attorney with experience in family law.

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