Legal Question in Civil Litigation in Florida

Does anyone oversee the Judge?

I filed an eviction case against a tenant who had not paid rent. After he deposited the funds into the court registry, I filed a voluntary motion to dismiss. I was told by the COC to write a letter to the Judge and request the release of the funds. I did so, and heard nothing for weeks, When I called the courthouse, I was told that he wrote notes in the file that the tenant had to correspond in writing also. Well the tenant sent something the same day. It has been another week and I called today to learn that the Judge STILL hasn't signed the order to release the funds, even though the clerk took it straight to him. At this point, I am having more trouble collecting the rent monies from the court than I ever had with the tenant and think this is becoming ridiculous, considering I have tried my best to follow the rules and send the request to release the funds almost three weeks ago. Is there a possible reason that the ''delay'' is happening? And if so, what can be done about it if it keeps going?


Asked on 10/27/08, 5:34 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Does anyone oversee the Judge?

File a motion to release the funds and get a hearing date.

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Answered on 10/27/08, 5:42 pm
Brent Rose The Orsini & Rose Law Firm

Re: Does anyone oversee the Judge?

Judges are overseen by 1)the voters and 2) by a group of lawyers and lay people known as the Judicial Qualifications Committee. You can file a complaint with them by contacting the Florida Bar. However, if you file your complaint, you'll probably slow your case down drastically while an investigation ensues.

Judges are usually nice people who are very overworked and very underpaid. If more than four weeks have passed and you haven't received your order, write a kind letter to the judge reminding him or her that an order is due. Make sure you show that the tenant has been copied (and you might even get the tenant's signature on your letter). If another two weeks pass, go hire a lawyer, who will write the order for the judge and take it directly to his or her office at the courthouse.

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Answered on 10/27/08, 5:45 pm


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