Legal Question in Civil Litigation in Florida

Appearance Rules

I live in California and am being sued by a company in Florida. The case is currently pending for dismissal for improper venue, as I have a master contract stipulating venue in California. Since I live on the other side of the country, my lawyer in Florida has been ripping me off.

Am I able to appear and argue my case by phone in Broward County? Or MUST a body be physically present?

It is my desire to file suit in California against this same individual, but I fear that filing a suit while the case is pending in Florida would cause my case to be kicked out ..

Thank you for your help!!


Asked on 4/14/09, 5:28 pm

4 Answers from Attorneys

Cathy Cowin Law Offices of Cathy Cowin

Re: Appearance Rules

Couple of thoughts here...

(1) Not all courts have CourtCall available and so you would have to check on that but it sounds like all the documents have already been filed and only the appearance remains and so you may be best off to have the Florida attorney complete what was started as a hearing should not be more than an hour;

(2) If you are going to sue in California, you can find an attorney and get that process started now. The California attorney can then not only start preparing necessary documents, but also serve as a liaison with the Florida attorney, hopefully keeping that attorney in better check;

(3) Ask about whether attorney fees were requested in Florida and what the status is on that hearing.

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Answered on 4/15/09, 11:36 am
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Appearance Rules

I am not sure if only attorneys can do court call. However, you can hire an attorney to argue the venue motion for you, and if you win, deal with it here. Does the contract provide for attorneys fees?

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

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Answered on 4/14/09, 7:12 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Appearance Rules

I am not sure if only attorneys can do court call. However, you can hire an attorney to argue the venue motion for you, and if you win, deal with it here. Does the contract provide for attorneys fees?

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

Read more
Answered on 4/14/09, 7:12 pm
George Shers Law Offices of Georges H. Shers

Re: Appearance Rules

Also, if it is clear that the other side knew they had to sue in California, in askling for a dlismissal also ask for sanctions as to the attorney fees you had to pay. Were you ever personally served? Talk to your attorney and tell hilm if he does not decrease what he charged you you could always fire him.

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Answered on 4/14/09, 11:04 pm


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