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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102600
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I had a Judge recuse himself (because his wife and my

Customer Question

I had a Judge recuse himself (because his wife and my estranged wife know each other and our daughters are friends) and he made a ruling in favor of my estranged wife anyway. I have until tomorrow 11/4/2016 to file an objection and request a new Judge re-hear the facts of the case. How do I file an objection and request a new Judge and a new hearing? Thank you in advance
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: florida
JA: Has anything been filed or reported?
Customer: no, it's on his desk to sign unless I object
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 11 months ago.
Category: Family Law
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. I am going to assume you mean this is a final judgment. If this was just an order and the suit is still pending, reply and let me know as this may change my answer.

Someone in your situation may wish to file a Motion for Reconsideration and Motion to Vacate Judgment. See HERE. Let me know if you need an example of such a motion. You should also be aware of Rule 1.540 of the Florida Rules of Civil Procedure which provides relief from judgment - see HERE.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 11 months ago.
Thank you for your quick response! Just to clarify it was a divorce proceeding and the ruling was to increase temporary support.
Customer: replied 11 months ago.
May I also please have an example of BOTH Motion for Reconsideration and Motion to Vacate Judgment, that I can fill in and send to the clerk, Judge and my estranged wife's attorney?
Expert:  Ely replied 11 months ago.

You are most welcome. Yes, my answer applies as is to family law as well.

Sure. Please find a combines example HERE.

NOTE - before making any decisions, it is highly recommended to speak to an attorney face to face about your case! Other options may be a better fit, such as a direct appeal to an interlocutory court, etc. In addition, you may wish to have an attorney draft the actual pleading and argue it for best chance of results.

Good luck.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 11 months ago.
I have an attorney who is going to represent me, once my funds become available to pay him; however, that will not be for about 2 weeks.... In the meantime, I must file an objection to the Judge's temporary support ruling BEFORE tomorrow, just to get it delayed long enough for my attorney to receive my funds and then represent me. The Judge clearly recused himself (off record) then made a HUGE ruling in favor of my estranged wife.What would you charge me to draft these items that I can submit to the Judge, Clerk and estranged wife's attorney just to get the Judge NOT to sign the temporary order tomorrow, request a new judge re-hear this case AFTER my attorney signs on? I have a source that is friends with someone on the Florida Judicial Qualifications Commission who said the Judge should have NEVER recused himself, then make a ruling.
Expert:  Ely replied 11 months ago.
WAIT.
I had stated in my original answer:
"I am going to assume you mean this is a final judgment. If this was just an order and the suit is still pending, reply and let me know as this may change my answer."
But you seem to state: "In the meantime, I must file an objection to the Judge's temporary support ruling..."
This and other verbiage seems to indicate that this was a TEMPORARY ORDER while the suit is pending, and NOT a final judgment.
Was this a (a) temporary order, or, (b) a final judgment?
Customer: replied 11 months ago.
My divorce is ongoing NOT final yet, this was a temporary order to increase child support, but the Judge has NOT signed it yet. Please see attached a cropped image of the letter to the Judge from my estranged wife's attorney. This was sent to the Judge on 10/31/2016, I assume 5 days is tomorrow???
Expert:  Ely replied 11 months ago.
Thank you.
Okay, I am changing my answer.
But before I provide it, I need to know - do you know if this is an ex parte motion?
Or, not sure?
Customer: replied 11 months ago.
I'm not sure
Expert:  Ely replied 11 months ago.
Okay.
This is not a final judgment. This is a request for temporary order.
I cannot tell whether or not this is an ex parte motion or not.
A regular motion is served to all parties and filed with the court, and heard by the Judge when all parties are present.
An ex parte motion is an emergency motion, heard at time of filing. The Judge may grant it, and then if so, it will be reheard and held up/modified/dropped in another temporary hearing down the line once you were served.
AND - in most cases, parties offer proposed orders to the Court that mirror the Judge's verbal decision. The Court does not draft orders, the parties do. The Judge then signs the proposed order (after perhaps modifying it a bit as needed).
If this was a regular motion, it sounds like the Judge agreed to it and the spouse is sending a proposed order. Someone in your situation has 5 days to respond with what they feel should be the proposed order if their proposed order does not reflect what the Judge stated verbally in their decision.
If this was an ex parte motion, then the proposed order answer above applies, but also, one wants to file a response to the motion asking that it be dropped at the upcoming temporary orders hearing.
It is very hard to say what exactly is happening here without more information, I am afraid.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 11 months ago.
The hearing took place on 10/17. I was present without counsel. My wife and her counsel were also present. My wife's motion for temporary support and my motion for contempt were supposed to be heard at the same 2hr hearing. The judge recused himself based on our wives and daughters friendships, refused to hear my motion for contempt but ruled in favor of my wife on the motion for temporary support. I need to submit an objection to the ruling based on the judge recusing himself and ask that the two motions be heard at a rescheduled hearing by an impartial judge.
Expert:  Ely replied 11 months ago.
Okay. Then two things have to be done.
1) Motion in Opposition of Proposed Order (to challenge the proposed order, at least, if one wants to)
2) Motion for Reconsideration (of the orders themselves)
My apologies, but JustAnswer experts cannot draft legal documents for clients.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 11 months ago.
do you have an example template that I can fill in the blanks?
Expert:  Ely replied 11 months ago.
I am sorry but I do not.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.