Saint Petersburg, FL asked in Appeals / Appellate Law, Consumer Law and Contracts for Florida

Q: Can a denied motion have a second hearing without a motion for re-hearing after appeal?

Hi, I won an appeal on a default judgement case for my motion to set aside the default judgement, which was denied in the lower court. The appellate court remanded the case to the lower court for an evidentiary hearing. Recently the plaintiff has scheduled a hearing on my original motion to set aside.

I would like to know if this is in violation of any court procedure and what can I do to prevent this if so, either through a motion, letter to the judge, or otherwise. I thought we would have an evidentiary hearing or they would need to file a motion for re-hearing before having a hearing in my original motion. I would also like to know if this may be some type of tactic by the plaintiff to have the motion denied again without me having the opportunity to present my evidence.

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: If it was remanded for an evidentiary hearing, it appears that the plaintiff properly scheduled a hearing. Be prepared at the hearing to offer evidence, as the appellate court ruled.

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