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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11842
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Relief from Final Judgement - I was never served notice of a

Customer Question

Relief from Final Judgement for Injunction - I was never served notice of a temporary injunction, however due to a clerical error, it was recorded that I was. The notice of service recorded in my case belonged to a totally different case number ***** unrelated
people. The return hearing went on under the assumption that I had been served and the petitioner was granted a long term injunction against me because I was a "no show" in the eyes of the court. I found this out by being served the Final Judgement. When I
investigated, I got a copy of the incorrect notice of service from the Clerk and filed motion for relief. In the motion, I asked that I be given relief by either having the FJ vacated or set aside with a new hearing set for me to plead my case. In the motion,
I stated: "under Rule 1.610, Florida Rules of Civil Procedure, I request that a hearing be held within 5 days after the filing of this motion". I contacted the JA's office the same day I filed it so I could set it for hearing and was told that the motion would
come to the judge from the Clerk and the judge would decide if the Court would hear it or not and I would be notified by mail. The FRCP I quoted affords me a hearing in 5 days, I filed my motion 4 days ago and have heard nothing. I also served the other side
properly through e-filing and also mailed a copy to the petitioner's attorney. Do I hurry up and wait or press the issue somehow since FRCP state I have the right to a hearing within 5 days?
Submitted: 1 year ago.
Category: Family Law
Expert:  Trial Lawyer replied 1 year ago.

Which county is this in? Whl is the judge?

Customer: replied 1 year ago.
Hillsborough County - I'd rather not say the name of the judge so as to maintain some anonymity in this forum. Let me know if there is a way I can contact you privately/confidentially and I can give you the name if that will help you in your advice.