Legal Question in Family Law in Florida

My grandson went to file a petition and was told that he could but it was up to the judge if he wanted to hear it or not, is that legal.


Asked on 9/18/19, 10:48 am

1 Answer from Attorneys

Robert McCall Law Office of Robert McCall

Barely. A litigant is always entitled to Notice and an opportunity to be heard in a court matter. However, a Judge may review a matter before a hearing and if the Judge finds it is legally insufficient may dismiss the matter. If a dismissal is "without prejudice" the party may file an amended pleading to correct whatever error the Judge found. If a dismissal is "with prejudice" a party may not file an amended pleading but must appeal to the next higher court.

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Answered on 9/18/19, 3:59 pm


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