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lwpat, Attorney
Category: Legal
Satisfied Customers: 25387
Experience:  Actively practicing trial attorney
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In Florida, I am defending a case pro-se on a tempory

Customer Question

In Florida, I am defending a case pro-se on a tempory control costs. The Plaintiff submitted a 57.105 Motion for Costs which was denied. The facts as defined in the Motion were clearly contrary to a depositon of the Plaintiff. He now has a new attorney and in a second depostion he disavowed the 57.105 blaming his first attorney.
Any ideas for Motions...Sanction?. Can I supeona his first attorney for the answer to whether he was instructed to make the Motion. To show you how far the Plaintiff feels exposed...he now cannnot remember if was in Court (he was). To make thing more complicated there is a new Judge.
Submitted: 6 years ago.
Category: Legal
Expert:  lwpat replied 6 years ago.
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.

I am not sure what you are trying to accomplish. The 57.105 motion was denied so that issue is now moot. Any sanctions would have had to be pled in your return to the motion. You can't go back now. Does that answer your question?
Customer: replied 6 years ago.
The point is that I need to bring to a new Judges attention the prior false testimony. I have a counter-claim. I would like to add a claim related to the fraudulant Motion. Granted my damage were limited. But, I was still out of pocket because he filed a knowingly false Motion. I also need to tie him to the Motion. How do I force him to acknowledge the Motin made by his prior attorney?