Daytona Beach, FL asked in Family Law for Florida

Q: No notice-Is a motion to strike and/or Motion to Dismiss the same as a notice of trial in Family law custody in florida

I just found out my case is scheduled for trial Monday. My counsel refused to request by subpoena, or otherwise documents ex-husband refused to disclose for past four months. Counsel wont call any of my witnesses, no list provided to oposing side. No notice given me. Motion to dismiss requests time to prepare, I believe a continuance would be the proper motion

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1 Lawyer Answer
Nicholas Randall Jones
Nicholas Randall Jones
  • Kissimmee, FL
  • Licensed in Florida

A: As you are currently represented by counsel, I cannot offer you any legal advice. However, I can distinguish a Motion to Strike and a Motion to Dismiss from a Notice for Trial.

A Motion to Strike requests the court to remove certain portions of the Petition for Dissolution of Marriage because they are irrelevant, scandalous, embarrassing, etc.

A Motion to Dismiss asks the judge to essentially throw the case out of court for a variety of procedural or substantive reasons.

A Notice for Trial, on the other hand, simply lets the parties know when a trial on the unresolved issues is to take place. Family law trials are more like hearings than the trials most people normally see. A Motion to Continue is an option, but it is in the court's discretion whether to grant it.

I suggest you speak to your attorney immediately about the issues you raised in this question.

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