Miami, FL asked in Appeals / Appellate Law and Civil Litigation for Florida

Q: I need to request a new hearing in a civil case in Charlotte Co. FL. that I was found liable for because I couldn't make

It to the hearing. Plaintiff won by default. I never got my day in court. Can I request that?

1 Lawyer Answer
Barry W. Kaufman
Barry W. Kaufman
  • Consumer Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: Yes, you can, BUT

1. you did have your day in court. Unless you were in the hospital unable to access the court by telephone, kidnapped, or physically trapped, you could have made it to Court. make sure the reason that you didn't make it to Court was something that was completely out of your control. If you were trapped in traffic because of a serious accident ahead of you, you could have called the Court and explained your predicament to the judicial assistant.

2. you must ask for a rehearing within 10 days of the judgment being entered.

3. you must have a defense that is a legal, colorable defense. It doesn't mean that you will prevail, but it must be something that would cause the judge to have to give your defense serious consideration.

Tim Akpinar agrees with this answer

1 user found this answer helpful

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