Legal Question in Business Law in Florida

any recourse

My husband is a Electrical Contractor.He subcontracted from a General Contractor 2 years ago.The General Contractor was a scammer,he got paided all the money due on the contract,but did not give all the subcontractors there final pay.My husband put a lien on the property for money that he did not get,hired an attorney,filed a suit against the homeowers.The homeowners attorney filed a Motion for Summary Judgment stated that my husband was over paid 142.00,this judgment was filed about 3 mths after my husbands Att. filed. The homeowners got a court date for Aug 9 2004,before my husband got a court date.My husband's

Att.filed to withdraw, which was granted on May 25 2004.My husband was told to hire another attorney at the Aug court date,will he didn't.I did the research about the laws in Florida for representing yourself,I told him the suit was under 5000.00 yes he could.The defendants were denied a Summary Judgment on Apr.18 2005,about 4 mths after the judge vacated previous order and granted def.a Summary Judgment.I filed for my husband a letter to the judge for a reconsideration of SJ ASAP.I said they should not be granted a SJ,Def.Att filed wrong hearing,and even if he did he had a 10 date period of the date of order.


Asked on 10/21/05, 1:17 pm

1 Answer from Attorneys
Tonia Troutwine, Esquire - Troutwine Law Group. LLC

Re: any recourse

It sounds like you are being confused by very complex civil procedure issues. A motion for rehearing is required to be made in 10 days. A motion to vacate may be made up to a year after the judgment is entered if made properly and there is an unlimited amount of time if the judgment is potentially void.

You need to file a motion to vacate with the court and send a copy to the attorney and the judge, a letter to the judge will not suffice to have a hearing or have the judge rule on the matter. Also, you need proper grounds to file the motion or you could be charged attorneys fees and costs for the other party having to respond to an improper motion. More facts and details are necessary to determine what your legal rights and defenses are in this matter.

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Answered on 10/21/05, 5:33 pm


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