Legal Question in Family Law in Florida

My case status says closed but I got in a letter in the mail to appear in court. Why is that?


Asked on 5/01/14, 12:24 pm

4 Answers from Attorneys

John Smitten Carey and Leisure

If the order requires you to appear then you have to apper.

Read more
Answered on 5/01/14, 12:30 pm
Daniel Lenghea Daniel Lenghea, P.A.

Dear Sir/Madam:

In these instances the safest thing to do is to call the judge's judicial assistant and try to find out what the situation is. You can look online at the court and find your file and judge. Most of the times they can talk to you on the phone and see what the situation is.

If you cannot talk on the phone you should just go to court and find the judge's chamber and talk to him/her.

If that does not work, which I doubt, or if is a short notice hearing you should just show at the court. Failure to comply with a hearing date when the judge orders you to come can expose you to a failure to appear arrest warrant.

Most likely is a mistake easily corrected. The clerk of the court will not be able to give you the best answer. Judicial assistant for the judge is your best bet.

Best of luck!

Sincerely yours,

Daniel Lenghea

Read more
Answered on 5/01/14, 12:30 pm
Barry Kaufman The Law Office of Barry W. Kaufman

Your case status is closed when the judge enters a final judgment. This is just administrative; it actually has nothing to do much of anything.

You did not receive a letter. You received a notice to appear at a particular place and time for a particular purpose. Nobody sent you a notice of hearing out the blue. If there's a hearing, there's a petition or motion that was filed by someone, and the hearing is going to be on that petition or motion.

You should be able to look at the docket online (particularly true if the notice is for a case in Duval County). Look at the notice of hearing - it will tell you the purpose of the hearing.

Read more
Answered on 5/01/14, 1:20 pm
Lucreita Becude Lucreita D. Becude, P.A.

My colleagues Mr. Kaufman and Mr. Lenghea are absolutely on point. Your notice of hearing should be the result of something else going on in your file after a final judgment or final order was issued. the status of the docket as to open or closed has nothing to do with the Notice of Hearing. I suggest you contact an attorney and if you can not afford one, please contact the area legal aid office near you and seek help in finding out what this is.

Read more
Answered on 5/07/14, 7:51 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida