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    grehcee's Avatar
    grehcee Posts: 2, Reputation: 1
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    #1

    Oct 14, 2008, 05:35 PM
    Motion for rehearing
    I live in Sarasota and I'm getting divorced. I can't afford an attorney and need to know how to file a motion for a rehearing. Is there a form? Can I get it at the Clerk of Courts? Please help. Thank you! :confused:
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Oct 14, 2008, 05:37 PM

    Not sure what you mean by rehearing. What is it your trying to do ?
    grehcee's Avatar
    grehcee Posts: 2, Reputation: 1
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    #3

    Oct 14, 2008, 05:58 PM

    I have attorneys fees. I can't pay them now. There was a hearing scheduled before a judge to resolve this. The attorney who wants the money told me the hearing was cancelled and was going to be rescheduled. BUT - It was not cancelled! SO--- I was not there and the judge ruled I had to sell my car to pay for the fees. I cannot make a living without the car! I was told to file for a rehearing ? I don't know what to do...
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Oct 14, 2008, 07:57 PM

    What it seems you want to do is appeal a decission. The grounds being that you weren't there to defend yourself. Did the lawyer send you anything in writing about moving the initial hearing ?
    Otherwise its your word against thiers. If you were representing yourself then you should have been at that hearing. You would have affirmed the motion to delay and have the judge grant it on a specific date. You now have a judgement against you. Depending on how your courts handle it you may be able to file the appeal off the judgement within a certain amount of time. It is time limited. You might want to consider hiring a lawyer to help get you through this depending on how much the judgement is.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Oct 15, 2008, 05:49 AM
    Quote Originally Posted by grehcee View Post
    I have attorneys fees. I can't pay them now. There was a hearing scheduled b4 a judge to resolve this. The attorney who wants the money told me the hearing was cancelled and was going to be rescheduled. BUT - It was not cancelled! SO--- I was not htere and the judge ruled I had to sell my car to pay for the fees. I cannot make a living without the car! I was told to file for a rehearing ? I don't know what to do...

    Sounds like the divorce and this Judgment are separate issues - this is a Judgment for legal fees related to the divorce but not part of the divorce.

    You would have to move to set the Judgment aside for fault of some kind - you weren't served, you weren't notified, whatever the situation is. If you get it set aside the fault will be corrected (for example, you'll be served), there will be a new hearing and the result may be another Judgment - or not.

    As far as the divorce - it is EXTREMELY risky to represent yourself. People do it all the time and then post here about the problems a year or two later, what they gave up, what they have to pay, what should they do? (See my signature blurb)

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