Legal Question in Civil Litigation in Florida

motion to enforce - responce or motion

Hello,

I had mediation the other week, in which I was railroaded by my own attorneys and the mediator. The next day I fired my attorneys and wrote everyone letters asking to consider the agreement null and void due to duress.

I received a responce from the defence in which they are filing a motion to enforce.

My question is do I file a responce or do I file a motion to set aside the agreement (based on mediator misconduct) or is my motion to set aside a part of my responce?

Is there a place I can get a template of such a responce to follow? I would also like for the court to consider the complaint still pending, is that a sepreate motion or part of the responce?


Asked on 2/22/08, 11:59 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: motion to enforce - responce or motion

I would not wait and would move to vacate.

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Answered on 2/22/08, 4:51 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: motion to enforce - responce or motion

You will need to get a lawyer to help you on this one. Special rules apply regarding mediation. At the hearing you must be prepared to testify and your lawyer will also be called to do so. Someone will need to cross examine him or her. The process you must follow is very very difficult to do successfully without a lawyer.

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Answered on 2/23/08, 11:29 pm


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