Legal Question in Civil Litigation in Florida

if a judge makes a mistake by not observing some basic Rules of Civil Procedure, what remedies, if any, does the affect party has to seek compensation for the losses incurred due to the wrong decision.

Asked on 7/29/13, 6:59 am

3 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Not following RCP will not likely give you a remedy depending on what the mistakes were and how they affect the judgment. Have the matters reviewed by an attorney to determine if you have a remedy or not. You are significant time limits associated with those very same Rules and you must follow them to assert your rights if appropriate. Act quickly.

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Answered on 7/29/13, 7:01 am

David Slater David P. Slater, Esq.

Depending on your time limits, you may be able to seek reconsideration or an appeal.

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Answered on 7/29/13, 7:42 am
John DeLancett Law Offices of John DeLancett, PL.

Absent showing intentional wrongdoing, which is extremely difficult, if not impossible, you have no remedy for financial losses against the Judge or the court system. However, you may be able to recover attorneys fees and court costs against the other party should you appeal the decision and win, or if you ultimately win in the trial court. The right to attorneys fees arise under a contractual provision providing for them or under specific statutes that may apply to your case.

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Answered on 7/29/13, 12:24 pm

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