Legal Question in Civil Litigation in Florida

circuit court proceedings

My case has been transferred to circuit court from county. I had 30 days to add another defendant to my case, so I did it immediately. I found out the person I wanted served, never was due to the motion being put in the file during the transfer between courts & not acted upon. It was almost 28 days, so I made out a new motion. Again, the clerks held it due to it was not stated ''circuit, but county'' on the motion. I changed that on the 29th day with a new motion. Now, I found out today that the lawyer wants the defendant removed due to a 120 day time limit. I tried to tell the judge what happened but he said this is not ''peoples court''. I only have 5 days to ''complete all motions'' & he warned that the lawyer will ask for a ''deletion'' of the defendant''. This defendant is the reason I have been suing in the first place. Their lawyer warned me about ''estoppel procedures to heed. I want the defendant to be kept on the case. I followed all procedures. I have proof. But what motions can I file to have her stay in the case? The civil judge sent a letter allowing me to add her to the case. I did. The clerks office dropped the ball. I still was under the 30 day period. The defendant has been served. I need some guidence.


Asked on 9/29/08, 3:01 pm

2 Answers from Attorneys

Gordon Fenderson Fenderson Law Firm

Re: circuit court proceedings

You need a laywer to file a "motion to enlarge time."

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Answered on 9/29/08, 3:42 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: circuit court proceedings

Your question really does not make a lot of sense. I am sure you do not understand the procedures. You should probably try to get with a lawyer who can at least explain the system to you even if you do not want to hire him to represent you.

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Answered on 10/05/08, 4:32 pm


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