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Lucy : Now, just to make sure i got it right for tomorrow to

look into details at the...
Lucy : Now, just to make sure i got it right for tomorrow to look into details at the law library:

with the affidavits I am looking at strengthening some points of my New Trial motion that was denied, but I did not understand if I could file a motion for reconsideration on that order ?

otherwise I could use the deemed motion to reconsider and rehear and amend it without leave of court ?

Is that deemed motion "categorized" under any kind of FL Civil Porcedural; Rules , like 1.530 for instance?

would be pursuant to which
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Answered in 3 hours by:
5/16/2013
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30,589
Experience: Lawyer
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Hi,

I'm not sure how helpful a motion for reconsideration of the motion for a new trial would be, especially if some of the same arguments are being made to amend the other motion. The law does allow motions for reconsideration. At some point, the judge may say "Enough is enough," and order you to stop filing any motions without leave of court. I think we've talked about this before.

You would need leave of court to amend the deemed motion. Whether to allow it is entirely within the judge's discretion.

The judge is treating it as a motion for rehearing, so that should be under Rule 1.530, yes.
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Customer reply replied 4 years ago

Thank you Lucy.

I am still processing everything. I am aware of the filing excess "ticket."

I am looking at things under the angle of the appeal.

Assuming there is no hearing because I appeal before...

1) If I win, the amended final judgment will be vacated, correct ?

2) So that will put the final judgment back in operation, unless I also argue against it and the magistrates would vacate it too ?

If you win your motion for relief from the Amended Judgment, the judge can reinstate the original judgment or he could issue a Second Amended Judgment. It's probably more likely that he would resinstate the original if the only objections you're making are to the changes.

The judge wouldn't just vacate both judgments, because then there's no judgment. He'd have to issue a new judgment, too.
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Customer reply replied 4 years ago

Sorry, I was not clear enough, my question was about the appeal.

I am assuming that nothing good for me will come out of this, so when I file a notice to appeal the amended final judgment before the hearing of the deemed motion, and if I win the appeal, it will reinstate the final judgment ?

I'm sorry, I misunderstood.

The Appeals Court can do different things. They can vacate a judgment and send a case back for trial. They can vacate a judgment and send it back, saying "Enter orders consistent with this opinion." Or, they could reinstate the original judgment. There's just no way to guess which one they might choose.
Lucy, Esq.
Lucy, Esq., Attorney
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Customer reply replied 4 years ago
Sorry I rated by mistake. instead of clicking on reply to expert and I ignore what i have been clicking onYou write : you would need leave of court to amend the deemed motion. Thank you for the info. My feeling is that 100% the judge does not want to hear what I am going to submit.So I am looking at everything from the appeal point of view. I intend to appeal on the final judgment AND on some of the non-final orders of the court.As explained, in view to argue about the necessity of a new trial, I have gathered some witnesses that signed sworn affidavits.These are describing the condition of the property and the house, and they prove the importance of the works done. They also prove that there was no back-rents due.They contradict totally the findings of the new judgment based on Plaintiff's allegations entirely, and show a situation of mistrial.I understand these could have organized earlier in theory, with the exception of some new evidence.The objection is that this could have been brought to the attention of the Court earlier,I agree in theory. In reality, I was hospitalized overseas and under radiations, after the case had been dismissed initially with leave to amend within 20 days. When I took the decision to get hospitalized for a long treatment under radiations, it was 3 months after the 20 days. I was in the belief that the case was over and it was vital for me to get treated.Form there on, I was not available to my counsel during the process and he made some major mistakes too. Finally he withdrew 3 weeks before the calendar call hearing without explaining me what were the consequences. I had opposed to his withdrawal by email.I was unaware that I had to go to the hearing of his withdrawal and as of what i should have done there.My ex counsel did not inform me about the transitions. He did not tell me that there was a calendar call hearing that it was vital for me to prepare and assist to. Same for the depositions, witnesses,, the evidences, the pre-trial statement, and all these processes.They were mistakenly skipped and, instead, the judge set the hearing to the first day it was scheduled on the order setting non jury trial.The trial hearing could have been scheduled in March, leaving me some leeway to organize the above.Especially when my counsel withdrew 6 weeks before the trial hearing, and 2 weeks before the calendar call hearing.This explains why, in my New Trial motion I could not come up with all the facts that I could gather now.So it all come down to this point, which is my question :Today i have new material and arguments to sustain my new trial motion.Should I not file a motion to reconsider, because a new Trial is really a necessity here ?Or should I use my evidence to argue that the plaintiff defrauded the Court by not producing evidences that he should have produced , but that I had no time to argue about at the trial hearing, which created a mistrial situation ?
An argument that the plaintiff defrauded the court would be part of a new trial motion. If you want to file the motion, you're allowed to raise both arguments.

I tend to agree with you that the judge isn't going to want to hear those arguments at this point, if any of them have been raised before. But if they haven't been raised before, you can't raise them on appeal, so they have to be put before the trial judge.
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Customer reply replied 4 years ago
But if they haven't been raised before, you can't raise them on appeal, so they have to be put before the trial judge.

Yes, this is precisely my point. I am at the library so I will ask you further questions.
I'm sorry. I'm signing off in just a few minutes. I can answer anything you post before 4, but then I won't be back until later this evening.
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Customer reply replied 4 years ago
OK,so here is the follow-up question : why defrauding the court and distorting or subtracting evidence would not be part of a 1.540 motion ?
Fraud is one of the stated basis for a Rule 1.540 motion. Distorting, subtracting or hiding evidence is part of fraud.
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Customer reply replied 4 years ago
Thank you, Lucy.
Things get now gets clearer as to what I should and could do. I will check similar cases at the Law Library today agan, make a lot of researches to really have this very clear in my mind.

You're welcome. I hope you can find what you're looking for.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30,589
Experience: Lawyer
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