Legal Question in Family Law in Florida

Notice of Dismissal

Our firm filed a Notice of Appearance in a family law case for our client. Our Clients former attorney instead of filing their notice to withdraw as counsel filed a Notice to Dismiss. What must we file to have the Notice to Dismiss abated???


Asked on 4/22/08, 4:54 pm

3 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Notice of Dismissal

Ouch! Legally, there's nothing you can do if your client was the petitioner and there was no counter-petition. The case is done.

Of course, in family law, you can get away with a lot of things you shouldn't be able to. After all, the practical effect of the Notice to Dismiss is just to cost your client another filing fee. Maybe you can file something like a Motion to Strike Notice to Dismiss.

Call me, and I'll be happy to brainstorm on the problem with you. I'm sure we can come up with something. So much for prior counsel's charging lien, huh? ;-)

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Answered on 4/22/08, 5:15 pm
Brent Rose The Orsini & Rose Law Firm

Re: Notice of Dismissal

Ouch! Legally, there's nothing you can do if your client was the petitioner and there was no counter-petition. The case is done.

Of course, in family law, you can get away with a lot of things you shouldn't be able to. After all, the practical effect of the Notice to Dismiss is just to cost your client another filing fee. Maybe you can file something like a Motion to Strike Notice to Dismiss.

Call me, and I'll be happy to brainstorm on the problem with you. I'm sure we can come up with something. So much for prior counsel's charging lien, huh? ;-)

Read more
Answered on 4/22/08, 5:17 pm
Brent Rose The Orsini & Rose Law Firm

Re: Notice of Dismissal

Ouch! Legally, there's nothing you can do if your client was the petitioner and there was no counter-petition. The case is done.

Of course, in family law, you can get away with a lot of things you shouldn't be able to. After all, the practical effect of the Notice to Dismiss is just to cost your client another filing fee. Maybe you can file something like a Motion to Strike Notice to Dismiss.

Call me, and I'll be happy to brainstorm on the problem with you. I'm sure we can come up with something. So much for prior counsel's charging lien, huh? ;-)

Read more
Answered on 4/22/08, 5:21 pm


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