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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 5301
Experience:  Licensed to practice before state and federal court
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Legal Eagle, remember my Motion to Vacate?

Customer Question

Hey Legal Eagle, remember my Motion to Vacate?
Submitted: 5 months ago.
Category: Legal
Expert:  Legal Eagle replied 5 months ago.

Hi! Thanks so much for requesting me. Can you give me a quick reminder on your specific motion?

Customer: replied 5 months ago.
Would it be easier if I copied and pasted our last conversation?
Expert:  Legal Eagle replied 5 months ago.

You bet!

Customer: replied 5 months ago.
Its not on here anymore but I printed it so give me a min and I will scan it and the motion and attach it
Expert:  Legal Eagle replied 5 months ago.

Oh ok, no problem! I look forward to it.

Customer: replied 5 months ago.
When we first spoke I talked to you about my Atty that agreed to a charging Lien that I never agreed to (The Judge signed the order), we talked about a Motion to Vacate (Charging Lien, made by an atty I fired. Note this charging Lien was put on an unrelated Employ civil case ) and I filed it and the Judge ruled against me saying he agreed with the opposing counsel that I filed the wrong Motion. The Civil atty that agreed to the charging lien without my consent I fired him and he came to the Motion to vacate hearing and told the judge he was going to file a motion for reconsideration, but how is that if he agreed to the lien right? I have 10 days to appeal, can I file a motion and an appeal at the same time?
Expert:  Legal Eagle replied 5 months ago.

Thanks for checking back on. One moment...

Customer: replied 5 months ago.
p.s. I want to file a Motion to vacate based on extrinsic fraud
Customer: replied 5 months ago.
p.s. On the fact that my attorney agreed to the lien without your consent
Expert:  Legal Eagle replied 5 months ago.

Ok yes, I definitely remember. The answer to your question is yes, you can file a motion and an appeal at the same time. Oftentimes, judges appreciate if a party make multiple motions in just one document.

Customer: replied 5 months ago.
What is your opinion on the Motion for Extrinsic fraud?
Expert:  Legal Eagle replied 5 months ago.

I think that it is a good place to start. Oftentimes, people will submit their motions to vacate based on matters that are not necessarily based in the law. FL Civil Code 1.540(b)(3) says that you can bring a motion to vacate based on fraud so good work there. I would recommend though that you be prepared to show evidence as Exhibits so it is easier for the judge in the case to understand how you believe the fraud occurred. Without exhibits, your case won't fail, but it'll be tougher to explain to the judge why you believe this is fraud.

Customer: replied 5 months ago.
Am I crazy or is a Motion for Reconsideration a joke my atty to file after he agreed to the lien
Expert:  Legal Eagle replied 5 months ago.

That one I'm having a bit of a tough time figuring out. I'm not sure why they would file a motion for reconsideration considering the judge ruled in his favor. The motion for reconsideration may have been used because there was some fact that was wrong (i.e. the amount owed), but that would be about it!

Customer: replied 5 months ago.
My former atty said he wanted to file a motion for reconsideration because the court misunderstood or made a mistake, note that he offered this to me the day I fired him this was 33 days after the signed order, he never called me or returned my calls and he screwed me out of my 10 day appeal right.
Expert:  Legal Eagle replied 5 months ago.

So did he ever end up filing the motion for reconsideration?

Customer: replied 5 months ago.
the judge ruled in the other attys favor due to my atty agreeing to the charging lien. No he never filed a motion for reconsideration
Expert:  Legal Eagle replied 5 months ago.

Interesting. I couldn't tell you why he even brought that up. However, I believe that if you file your appeal and your motion to vacate, the judge will consider both of the options for you:-)

Customer: replied 5 months ago.
This is correspondence from my former civil atty to my new civil atty. My new civil atty feels he has grounds to file a Bar complaint against this other Atty just from this email, what are your thoughts?Email to my former Civil atty From my friend that is an atty that is helping me out: (Doesn't practice in my area but is helping me due to my financial status)I need a copy of the signed settlement agreement for Mr. G. It is imperative that I receive a copy ASAP. Please forward me a copy of the agreement.From my former civil Atty:
You want a favor out of professional courtesy? After you filed my private text messages and emails publically, completely unnecessarily, and without even a phone call to let me know or discuss the matter?I wouldnt count on it.My assistant will send when she gets back in town.P.S. I hope you perform better in the appeal's matter than you did at the last hearing because your performance at the last hearing was God-awfulI hope that answers your question.
Expert:  Legal Eagle replied 5 months ago.

Your new civil attorney might have grounds for a bar complaint, but 9 times out of 10 bar complaints are usually filed by lawyers who took their client's money; not so much for being a jerk.

Customer: replied 5 months ago.
In my affidavit against this atty I had to file the proof and it was texts and emails from him and i guess that is what he was pissed about in the email above
Expert:  Legal Eagle replied 5 months ago.

If we could get in trouble for being jerks, we'd all be in trouble with the bar.

Customer: replied 5 months ago.
lol, true :)
Expert:  Legal Eagle replied 5 months ago.

LOL, did you have any follow up questions?

Customer: replied 5 months ago.
I will but not right this second, is that ok with you, The Dragon of Lawyers ;-)
Expert:  Legal Eagle replied 5 months ago.

That works for me and thanks so much!

Customer: replied 5 months ago.
Do you watch Game of Thrones?
Expert:  Legal Eagle replied 5 months ago.

I don't! I have so many shows in my watchlist I can barely get through them all. I'm addicted to Shameless as of late!

Customer: replied 5 months ago.
omg brother, you gotta check it out....it's made for Lawyers! TTYL :)
Customer: replied 5 months ago.
Check out the attached pic you's love it!
Expert:  Legal Eagle replied 5 months ago.

LOL, I love it! I had no idea that was out there. I should recommend that to customers in the future.

Customer: replied 5 months ago.
Trial by combat definition attached lol
Expert:  Legal Eagle replied 5 months ago.

That's amazing. That'll be my solution to other customers "trial by combat."

Customer: replied 5 months ago.
LOL, Love it!!!
Expert:  Legal Eagle replied 5 months ago.

Did you have any follow up questions? If not, would you be able to rate your opinion of my service? I hate asking, but it's important that I do!

Customer: replied 5 months ago.
I will have some follow ups but not today, is that ok?
Customer: replied 5 months ago.
How long will this be open for?
Expert:  Legal Eagle replied 5 months ago.

This thread should be open indefinitely. I have customers I spoke to two months ago that still ask me free follow up questions. Copy and paste the URL of this thread and you should be able to come back. If not, contact JA customer care and they'll redirect you back to this thread:-)

Customer: replied 5 months ago.
My last thread with you was closed and I had to request you again that's why I asked.
Expert:  Legal Eagle replied 5 months ago.

Oh that is super weird. I don't know what it would do that. I'll tell you what. I've saved a copy of this conversation to a Word doc and if you click here, you can contact customer care to open up this thread again for you in the future.

Expert:  Legal Eagle replied 5 months ago.

Here's the convo.

Customer: replied 5 months ago.
Im going to file the appeal tonight and have it efiled, would you have a example copy of an notice of appeal?
Expert:  Legal Eagle replied 5 months ago.

In my experience, if you use the attached document, you can edit it t your liking!

Customer: replied 5 months ago.
Will the notice of appeal be enough and are we required to file that motion to stay execution? Or will this automatically freeze the money in the court registry. I've got money from my civil atty in the court registry and I want to stop the atty that filed a charging lien from getting my money in the court registry. Please advise, thanks
Expert:  Legal Eagle replied 5 months ago.

Hello, honestly, whether it'll be enough is too tough a call. Because I don't practice in FL, I'm not 100% sure whether the appeal or the motion will automatically freeze the money in the court registry.

Customer: replied 5 months ago.
would it freeze it in California or would you have to add someone else?
Expert:  Legal Eagle replied 5 months ago.

I haven't had to sue a client yet for this matter so it is fortunate for me. However, the appeal period must lapse or the appeal period must take place before the parties can be collecting. So yes, it should. If it doesn't in FL, and you win the appeal, the attorney will be ordered to put the $ back or face penalties.

Customer: replied 5 months ago.
what if I file the Motion to vacate based on extrinsic fraud that would freeze the collection shouldn't it?
Expert:  Legal Eagle replied 5 months ago.

Yes, that should freeze it as well. Usually, the motion to vacate has a time limit (often 30-60 days) so once that period passes then the attorney may be able to take those funds out. Even if he does, a successful motion by you would order to put them back.

Customer: replied 5 months ago.
does the judge have a certain time he has to wait before releasing the funds?
Expert:  Legal Eagle replied 5 months ago.

That depends. Many times they will place when the funds may be taken out in the original order/judgment. Plus, FL may have specific court rules that I"m not hip to necessarily.