Legal Question in Criminal Law in Florida

Motion for Finding of Fact and Conclusion of Law

A Judge in the Domestic Violence Division granted a permanent injunction. The Defendant(male) as Pro Se and attempting to get rid of the restraining order, submitted several requests for rehearing, all of which were denied. The hearing was held in June/2004.

The Defendant checked the file in the Court House and found no explanation concerning the judge's ruling, which objectively reflected a biased behavior against male and was not based on hard evidence.

On 11/2005 the Defedant, still Pro Se, without legal knowledge and just by being recommended by a friend and with the purpose of appealing this case, filed a motion for Finding of Fact and Conclusion of Law.

Questions:

Should the Judge respond in writing to this motion, explaining the justification for his rulings?

If not, what is the best strategy for the Defendant to obtain in writing the basis of the judge's ruling

Thanks a lot

Roberto


Asked on 11/19/05, 9:06 am

2 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: Motion for Finding of Fact and Conclusion of Law

The Judge will not respond to your motion and will not give you a written reason. I am aware of no law that requires it. I would let it go.

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Answered on 11/28/05, 2:36 pm
George Davis Law Office of T. George Davis, Jr.

Re: Motion for Finding of Fact and Conclusion of Law

You indicate that this is a question of Florida law, so I'm assuming this court is located in Florida. Accordingly, you need to get your answer from an attorney licensed in Florida. If I were to guess (and I am not licensed in Florida, so this is purely a guess), it would seem to me that you probably missed your opportunity to get the judge to issue written findings by not asking for them prior to his/her rendering a decision. Again, I repeat, this is only a guess, but I think a judge would be very disinclined to go back and issue written findings on a case that he/she ruled on some time ago, if Florida law did not require them.

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Answered on 11/23/05, 2:21 am


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