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    children01's Avatar
    children01 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Aug 19, 2008, 06:59 AM
    Motion for Opposition
    I live in Florida, seminole county, with all the foreclosures going on, we got stuck in the midle of all this not being our fault. I currently have a private attorney handling this matter, but I am convinced that he did not file our discovery. After meeting with him, he states he did file the discovery, but, did not attach the paper work we gave him to the discovery. I have asked him to withdraw from the case, and I would like to find another attorney. In the meantime, I would like to file my own motion for opposition, we were just served with final summary judgement, no hearing has been set. Any answers would be greatly appreciated.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #2

    Aug 19, 2008, 07:09 AM
    Hello children:

    If you've been served with a "final" summary judgment, you LOST. There's no hearings AFTER this. It's OVER. Somebody was fiddling around while the other side was doing their homework.

    The only motion the court will consider at this point, is a motion for reconsideration. You only have a few days in which to file it. If you miss it, then you're going to have to file an appeal. If that happens, you'll probably have to purchase a bond in the amount of the judgment while your appeal is being heard.

    I don't know what kind of paperwork YOU thought should be attached to his motion, but motions usually don't have anything attached...

    I think you hired the wrong lawyer. IF he didn't do what he was supposed to do, I'd sue HIM.

    excon

    PS> If you haven't explained exactly where you are in these proceedings (and I suspect THAT'S the case), then my advice would be different.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Aug 19, 2008, 07:13 AM
    excon is right. We may be able to help more if you explain the full story.
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