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Hi! Thanks so much for requesting me. Can you give me a quick reminder on your specific motion?
Oh ok, no problem! I look forward to it.
Thanks for checking back on. One moment...
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.
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.
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!
So did he ever end up filing the motion for reconsideration?
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:-)
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.
If we could get in trouble for being jerks, we'd all be in trouble with the bar.
LOL, did you have any follow up questions?
That works for me and thanks so much!
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!
LOL, I love it! I had no idea that was out there. I should recommend that to customers in the future.
That's amazing. That'll be my solution to other customers "trial by combat."
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!
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:-)
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.
Here's the convo.
In my experience, if you use the attached document, you can edit it t your liking!
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.
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.
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.
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.