Legal Question in Family Law in Florida

I filed for default on a petition to move out of state with my son. We are in Fort Myers, Fl. His father never responded to the petition so I moved for a no jury trial. It has been six weeks with no court date set. I am continuously calling the family court services to find out what is going on. What I have been told is that we are waiting on the judge to find time in their schedule to see us (and I`m sure other people as well.) My issue is that our lease is up at the end of the year and my landlord is wanting us to make a decision on if we are going or staying. Is there any way I can speed things up? We are tired of living in limbo here waiting to find out if we can leave.


Asked on 10/27/16, 5:32 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Suggest you immediately file a motion for expedited trial on grounds of hardship. Good luck.

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Answered on 10/28/16, 5:50 am
Lucreita Becude Lucreita D. Becude, P.A.

If the Judge can not find time to hear your case, then can you appear before the General Magistrate and have the hearing and Order prepared through that venue and then all the Judge has to do is sign off on it. I find it odd that a Judge has no time during his ex-parte hearings for a five minute hearing. If you have your Order in hand, he could sign since there are no parties to dispute the matter.

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Answered on 10/28/16, 7:51 am
John Smitten Carey and Leisure

If the other side did not respond then file for a default, and you can go. But finish the court case anyway.

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Answered on 10/30/16, 8:53 am


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