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Ray, Lawyer
Category: Legal
Satisfied Customers: 42209
Experience:  30 years in civil, probate, real estate, elder law
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vacate final order, a final order was signed after a 30 minute non-evidentiary hearin

Customer Question

to confirm an NASD arbitration award with an NASD Rule 2130 expungement.......the final Order was signed without an evidentiary hearing...

a timely Notice of appeal was filed resulted in a Per Curiam affirmed...
a Motionfor Rehaering in the Appellate Court was filed it was denied

can the case be reopened and a motion to vacate final order pursuant to Fl R Civ P 1.1540(b) 15 months after the final order was signed
Submitted: 8 years ago.
Category: Legal
Expert:  Ray replied 8 years ago.
Thanks for your question. If the motion for rehearing was denied here on the appellate level then you are done here. Your only option here might be discretionary review by the Supreme Court.

But realistically you are probably through here with your remedies. I don't think the trial court here would reopen since the applellate court here denied motion fo rehearing.I wish I could tell you differently. You can try if you choose here but likely the court denies such a motion. It appears you have exhausted all judicial remedies here in this matter.

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Customer: replied 8 years ago.
your answer is not in accordance with the case..the matter has been reopned ..the court granted a motion to intervene..the cout granted a motion to amend the pleadings a counter complaint for damages was fiked now I just need to understan does filing an appeal toll the time ..1 year requirement pursuant to 1.1540b as the mandate on a Per Curiam affirmed was entered 15 months after the final order
Expert:  Ray replied 8 years ago.
I am going to opt out here and see if you can get a florida lawyer here to respond..
Customer: replied 8 years ago.
thank you