Gulf Shores, AL asked in Family Law, Child Custody, Civil Litigation and Legal Malpractice for Florida

Q: Afer a motion to dismiss another judges order , basing off of false statments and fetched reasoning gets canceled .

I won a hearing after the mother petitioned for an emergency pick up order. Judge agreed with mother and ordered, I apealed the decision based off of due process and my ability to not tell my side. the judge then recanted and called for a hearing. I won the hearing the judge determend the mother was in need of drug rehab and mental evaluation and took parantel rights away until a multitude of tasks were accomplished by mother. Then opposition asked for the judge to step down, the bases for this was hollow and as well false statements, my attorney and I disputing his felt i did not need to know my right to interject in motion for the judge to step down she did without signing the order my attorney was tasked to write the order have it signed DIDNT. counsel motioned for a dismissal of ruling of prior judge based misleading points as well as non factual information. the court scheduled 5 mins. The day before canceled court saying evidentiary hearing was needed. what to do

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: You attend the hearing and testify if asked to do so. Otherwise, leave it up to your attorney.

Tami Lane Augen
Tami Lane Augen
Answered
  • Divorce Lawyer
  • West Palm Beach, FL
  • Licensed in Florida

A: I agree with Attorney Thorgaard that you have an attorney who is handling this for you. It is difficult to have patience with the procedural issues in the legal system; however, if the court said that the matter requires an evidentiary hearing, then your attorney will know how to handle this and can discuss the issue with you.

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