Legal Question in Civil Litigation in Florida
In 2006 I was divorced my divorce papers state my ex is suppose to sell the building.In which we have a business, and I get 35% of the sale. He never sold the building. Also the papers state we both carry a life ins policy of 100 thousband. In 2009 I had gotten an attorney to go back to court for my ex being in contempt of the divorce papers. We tried mediation but we couldn't resolve the matter. During that time my ex came up with papers stating that he owed he's father in law over a 100 thouswband dollars and used the building at collatural. The building was going into forcloure.
It was a very confusing situation. My attorney did depositions on the people involved. But 5 days before the court date my attorney settled for a judge of 30,000. This was something I didn't want, I wanted to go to court.
Since that time, I never got a copy of the live ins policy and I still haven't gotten the copy of the final judgement, also the building never did go up for sale. I haven't heard anything about the building since my attorney settle for a judgement agenced my ex husband.
I feel my ex husband is still in contemp of the divorce papers and I would like to know if I still have a chance to take him back to court. I don't believe that the building will ever go into forclosure, I believe he did all of that to not pay me my share of the building.
1 Answer from Attorneys
Your complaint is really a professional responsibility issue. Your attorney could not settle your case for $30,000 without either your agreement, or a court order. If your attorney has documents that he/she is not providing to you, that were obtained during discovery or by court order, he is violating his duty to you. The building was probably worth more in 2006 than it is worth in 2010, but your attorney should have explained to you why it was in your best interest to accept the settlement. It's possible, since you don't appear to know what's going on, that the mediator made the recommendation, and your lawyer believed that it was the best you were going to do. Moving forward with a trial could have resulted in more costs to you and less return than the $30,000. You need to take all of your documents and correspondence to an attorney who specializes in legal malpractice. A specialist can tell you whether or not your attorney vlolated any laws or his duty as your lawyer.
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