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Hi - what is the cost for this service? Thanks!

Lawyer's Assistant: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason. What state are you in? It matters because laws vary by location.

Florida - but what is the expected cost for an answer (beyond the $5 deposit)? Thanks again.

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Yes, my question is about procedure but I think it's complicated.

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Answered in 10 minutes by:
3/8/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,360
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 1 month ago
Hi - that wasn't my legal question. Here it is: Is it possible to submit Amended Motion For Clerk Determination Of Default if the Clerk never made the determination to date (neither affirmed nor denied) however, within two hours after serving the expected attorney of the Defendant with said initial Motion that attorney served paper to the Court (and in response I filed Motion for Judicial Determination of Default which was denied due to argument by opposing council that paper was filed prior to Clerk Determination of Default). So, it would seem possible (which is my question) that while my Motion For Reconsideration (involving Judicial Determination of Default) is being reviewed, I can file an Amended Motion For Clerk Determination of Default and then submit that as attached and, thereby, part of an Amended Motion for Reconsideration (or possibly to demonstrate and document intent if I need to address the Clerk's error legally if, for any reason, my Motion For Reconsideration is rejected). Thanks for your time and consideration! - Stephen

Thanks so much. Bear with me a moment while I review.

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Ok, thanks for your information. If I understand correctly, you submitted your motion that the clerk made no decision on and the opposing counsel submitted an opposition to that motion citing that the clerk did not make a decision and your motion was denied. Now, you're wondering whether you can submit an amended motion on the grounds that the clerk didn't make a decision one way or another and the denial was improper. Is that correct?

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Customer reply replied 1 month ago
There are two prongs, so to speak. !) I want to submit an Amended Motion For Clerk Determination Of Default (because a determination was never made and I want to essentially demonstrate that I want that to happen) while, meanwhile, 2) I want to add that Amended Motion For Clerk Determination Of Default to what will be an Amended Motion For Reconsideration (involving Judicial Determination of Default) -- the two prongs are a) Clerk responsibility and 2) Judicial accountability when evidence of Default is clear and convincing. One or both may end up at the upper tribunal but I want to present as much preliminary "intent" as possible, which is why I am asking you if it's permitted to submit an Amended Motion For Clerk Determination Of Default (because a determination was never made). Thank you again for your time and consideration! - Stephen

Hi, Stephen. I'm very sorry, but I don't know if I'll be able to answer this question accurately. Sometimes, the procedural rules and possibilities within a specific jurisdiction are far too complicated and nuanced. You may need to call up a local lawyer to assist. Don't worry though; I will opt out and let another expert have the chance to take over . I know some are licensed in FL so they may be able to assist. I'm very sorry.

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Customer reply replied 1 month ago
I understand and thank you for your time. I assume I wait to hear back from another lawyer through this system? Thanks again and enjoy your day (and thank you for your availability to help people like me!) - S
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,339
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am a DIFFERENT CONTRIBUTOR, as your previous contributor left.

Once there has been a motion for judicial default filed and is being heard, there can be no further action by the clerk. There could not be an amended motion for clerk entry of default once a judicial default is filed, because clerk default cannot supersede judicial default and it is now in the hands of a judicial default.

What people do not understand about default judgments is that the FL Courts and courts in general prefer a judgment on the merits, so therefore default judgments are disfavored and often either vacated or denied. Florida law "favors liberality in the area of setting aside defaults in order that parties may have their controversies decided on the merits." See: Somero v. Hendry Gen. Hosp., 467 So.2d 1103, 1104 (Fla. 4th DCA 1985).

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,339
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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