Legal Question in Civil Rights Law in Florida

I have a fraud case in Federal District Court, Orlando Fl. filed in July 2010. It seems like it is dragging on with no activity by the Court. I asked the court some weeks ago for recusal, that was denied. Several motions to the court asking if the plaintiff has done something wrong and need fixing, has only brought no answers, the court stating a motion to dismiss is pending. It has been pending since July. Question to Clerk brought answer 'just wait'.

Case procedural was moving per CMR, then suddenly it stopped.

Question? Is there anything I can do, or can I ask the court again why 6 months has gone by with no apparent movement? Is this a violation of 'due process'?.

Bob


Asked on 12/23/10, 3:00 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

Bob,

An attorney could only answer your questions by knowing all of the details about your case. Courts do not have the time to teach law or civil procedure to non-lawyers. The wheels of justice grind slowly, and when non-lawyers file pleadings, the court takes more time trying to figure out what the non-lawyer is attempting to claim. While the court will try to make sense of your pleadings, it will not search for legal authority for your arguments. You have gone this far without the benefit of a trained person to direct your case, why worry about the details of due process now? Your question does not indicate that the court has failed to give you notice, or attempted to deprive you of life, liberty or property without a prior and impartial hearing. So what is the due process that you believe has been violated by this court?

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Answered on 12/28/10, 4:13 am


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