Legal Question in Family Law in Florida
filing a motion
I paid $50. to open my case (family law) filed a Motion for Contempt on 7/22/08. Prior to coordinating a hearing date, I had reason to file amended motion/emergency hearing, which was referred to General Mag. I called opposing Attny to get availablity, in turn was difficult w/ confrontation re: her case would be heard first. I explained I paid to open case & 1st to file motion. She plans to object to Gen. Mag. and refuses her availability.
Where do I go from here. Who's case is entitled to be heard first?
The opposing Attny filed a motion and N. O. H. on 7/23/08
I am in limbo to get hearing date as we are waiting for her file to object.
1 Answer from Attorneys
Re: filing a motion
She is entitled to object to a GM. This is not a "who filed first" -- anyway, once you changed your motion, its a new motion so she filed first. But if your motion is truly an emergency, it should be heard quickly. Call the judge's office again and tell them that opposing cousnel is objecting to the GM and using this to delay the setting of a hearing on your emergency motion. They should set it before the judge. You should really consider hiring an attorney if the other party has an attorney, it is going to get very sticky for you.
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