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A notice of motion is a legal procedural device for notifying the opposing party that he or she will be requesting a formal determination on an issue pertaining to the current case. The notice must be delivered not only to the proper court, but also served to the opposing party. Generally, it will be regarding procedural issues, such as the admissibility of evidence, but one may also seek the conclusion of a case through dismissal or summary judgment.
In order to properly submit a notice of motion, a person typically must complete the notice, file a copy with the court of record, and serve a copy to the opposing litigant. If one party to the case seeks to file a motion for determination of a particular issue, the notice serves the purpose of letting the other party know in advance of the request to settle the issue. This gives the party an opportunity to prepare an opposing argument on the matter, and when it is brought up in court, there are no surprises and the issue may be settled in an expedient manner. This is a procedural construct that stems from a notion of fairness in the adversarial process.
A notice generally has four main sections, and if necessary, may have supporting affidavits attached. The first section is a simple statement on what is going to be argued, when it will be argued, and the venue at which it will be argued. The second section is a declaration that the facts on which the motion will be based are given in good faith and based on personal knowledge. The third section outlines the arguments that will be made in support of the motion as well as the points of authority that back up the arguments to be made. The fourth and final section is a conclusion statement that restates the request to be made.
Typically, a notice of motion will decide smaller material issues that are in question, such as the admissibility of a piece of evidence or the competency of a witness to testify. One can also be used to move for the disposition of a case. Examples of this include requests for case dismissal or requests for a summary judgment.
Some 23 months ago, I received a notice of a hearing from the court advising that I have to assist at a case management meeting to resolve a foreclosure case in Florida that was on the docket for more than a year.
I went to court that day as requested by the judge, however the plaintiff (lender) did not call or present himself at this meeting. The case was dismissed as a "Final dismissal without prejudice". I have my original dismissal documents in hand.
Now here is what I am confused about. I know they have 60 days to appeal, and 12 months to correct if there is a court error, but it has been 23 months and now the
lender enters a motion to reinstate the foreclosure action due to court error? What they are implying is that we did not go to this meeting and they did go, which is not true. What did happen is that the attorney went to a different judge and room and asked the judge to give him some time to bring the cause of action documents, etc. The other judge wrote on the docket that the case remained open and gave him 60 days to comply or else the case will remain dismissed, but the judge never opened up the docket. It was never reopened; he just made a note. The attorney brought some documents, but it was 60 days later.
As of today, the case said case dismissed 23 months ago by the judge who sent me the notice. The plaintiff kept filing all kinds of papers including putting the home in an auction to sell, but a week before the auction started, the judicial assistant for the judge called the attorney and asked for the copy of the final judgment, but they did not have it and the judge refused to sign this summary judgment because the case was dismissed. The auction was cancelled by the county and the plaintiff filed a motion to reinstate the foreclosure and sent me a notice by mail. He is stating that the court made an error.
Are you kidding me? 23 months went by and he would go to court almost every week and filed papers on this case and he does not even file a pleading to reopen the case? He got really busy trying to steal my house without proof or standing, served my tenants on a dismissed case and sent papers to my house on a dismissed case. Really? What is the matter with these attorneys? Did they really got to school?
I only have a high school education, but I know how to read between the lines, and I know he cannot do that. Can someone share opinions on this matter? I will try to hire an attorney. I am just afraid they will reinstate this case. I do not care if they open another case since the statute of limitations just ran out last month.
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