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    proselegaldoc's Avatar
    proselegaldoc Posts: 1, Reputation: 1
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    #1

    Jun 29, 2014, 05:24 PM
    Do I Motion for a rehearing, or a Motion to Vacate an Order to Dismiss?
    Received an Order to Dismiss. Motion was put in three days ago. Have not had time to respond to Motion to Dismiss/Stike yet... (dual motion?) No hearing was asked for from defense, and no hearing was scheduled. Judge signed the Order.

    Do I motion for a rehearing, even though there was never an initial hearing, or an Order to Vacate the Order to Dismiss? (In Florida)
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jun 29, 2014, 06:53 PM
    You use the term, defense ? But this is under family law? There is no defense and prosecutor in family court. Unless it is action by the state, which case, you would be the defense.

    But it is obvious they must have an attorney or at least paralegal... a note.. of advice. If they do, get an attorney. If the other party has an attorney, they will keep filing motion, after motion, till you mess up.. that is the plan.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jun 29, 2014, 06:53 PM
    Dismiss what? What is the case? We need more details, including your general locale.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #4

    Jun 29, 2014, 09:02 PM
    Judge signed the Order.
    Since the judge signed the Order it is final. There is no more filing of Motions. The Order is final and complete. You may, though, have the option to file an Appeal. However, you don't give any indication as to what this is regarding. The question was asked under Family Law, was this regarding divorce? Child support? Custody? Adoption?

    You also do not mention if you are the Plaintiff or the Defendant. To clear things up.... the defense would be the defendant, the one who was originally served upon. Defendants are in every legal court case, not just criminal.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Jun 30, 2014, 04:07 AM
    Since the judge signed the Order it is final. There is no more filing of Motions. ....
    Incorrect. In Florida, OP has a very short window of opportunity (3 days I think) in which to file a motion for rehearing.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jun 30, 2014, 06:06 AM
    "Rule 1.530. Motions for New Trial and Rehearing; Amendments of Judgments

    (a) Jury and Non-Jury Actions. A new trial may be granted to all or any of the parties and on all or a part of the issues. On a motion for a rehearing of matters heard without a jury, including summary judgments, the court may open the judgment if one has been entered, take additional testimony, and enter a new judgment.


    (b) Time for Motion. A motion for new trial or for rehearing shall be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action. A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined.
    ..."
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