Q: How do I get my wife removed from a court order?
My wife and I have been individually responsible for our own medical expenses ever since we were married. In February 2016, I was in the hospital for seizures and my wife was acting as my representative. Upon my release, she asked the nurse if she could recommend a home health care provider. She called the provider and spoke with its business manager and asked if they accept Medicare. The manager assured her that they did and would file all claims with Medicare. She was sent a one-page "consent" form to sign which was the last page of a three-page contract she never saw before. They never filed any claims with Medicare and demanded an out-of-pocket payment of $5,039. I disputed the charges and validity of their contract claiming fraud. On August 15, 2017, they filed a lawsuit against me and my I which I had fought ever since. My wife shouldn't have been a co-defendant. The judge granted a Final Summary Judgment on October 30, 2018. Do I seek to have the order vacated or appeal it?
A:
Generally, there are limited options after judgment: (1) Move for a rehearing on the summary judgment. (2) Appeal an error made by the court during the proceedings. (3) Seek to modify the judgment, but there are only limited circumstanced in which the order can be modified. See. Rules 1.530 and 1.540.
If you haven't already taking action, you may be too late to do anything. Appeals must be filed within 30 days, and rehearing within 15 days. Mistakes or newly discovered evidence don't have time limitations, but the ability to modify or set aside a judgment under 1.540 is difficult.
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