Legal Question in Family Law in Florida
My grandson went to file a petition and was told that he could but it was up to the judge if he wanted to hear it or not, is that legal.
Asked on 9/18/19, 10:48 am
1 Answer from Attorneys
Robert McCall
Law Office of Robert McCall
Barely. A litigant is always entitled to Notice and an opportunity to be heard in a court matter. However, a Judge may review a matter before a hearing and if the Judge finds it is legally insufficient may dismiss the matter. If a dismissal is "without prejudice" the party may file an amended pleading to correct whatever error the Judge found. If a dismissal is "with prejudice" a party may not file an amended pleading but must appeal to the next higher court.
Answered on 9/18/19, 3:59 pm