Legal Question in Civil Litigation in Florida
Screwy Procedure - Canceling A Hearing When Opposing Council Sets Hearing On You
The situation is: We're talking about Your Motion, and the opposing council sets the hearing date, because he wants to make something else out of it. Then you cancel the hearing, but he says you can't cancel it becuase he set it. So he says he's going to tell the Judge that he told you that he's moving forward on hearing your motion whether you like it or not, or whether you plan to be there or not.
What do you do?
You want to cancel the hearing because you are not wanting to bring this motion now before this Judge, because you want to make this motion into a complaint in another venue. How do you handle it so that you get your motion withdrawn from this Judge, and you get back control of the terms of the hearing?
1 Answer from Attorneys
Re: Screwy Procedure - Canceling A Hearing When Opposing Council Sets Hearing On
If you were not prepared to argue the motion, you should have delayed its filing. If you are not available on the date noticed by opposing counsel, file a motion to strike opposing counsel's notice of hearing based on your unavailability and stating that opposing counsel failed to clear the date with you, electing to unilaterally set a hearing on your motion. Send a courtesy copy of the motion to strike along with a cover letter to the Judge (with a copy to opposing counsel). That's one way to handle it. Good luck.
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