Legal Question in Civil Litigation in Florida
Unfair or Unequiable treatment by a Judge in Civil Case
We are plaintiffs in a civil suit. However, due to delay tactics from the defendants the case has been ongoing since July, 2005. We have not yet been able even to get to Depositions. Our attorney has scheduled several case management hearings but has not been successful in getting the Judge to move the case foreward. To the contrary, the Judge has argued for the defendants, has required our attorney to produce documents at this stage that are contrary to civil procedure and illegal to produce, has not followed civil procedures, and in Summary Judgement has refused to allow our attorney rebuttal to critical issues raised incorrectly by the defendant's attorney, refused to look at expert reports presented, and has made a decision that is legally incorrect according to case law and recent legislature enactment that now has severe negative impact on the case. We feel to proceed to the trial with this Judge will not result in any impartial or equitable treatment even with a Jury. Can we move the case to another venue or should we file an Appeal to Summary Judgement now before proceeding with the remainder of the case to a Jury trial?
2 Answers from Attorneys
Re: Unfair or Unequiable treatment by a Judge in Civil Case
The denial of a motion for summary judgment as you describe it is not able to be appealed. I would love to see your records, since I am not sure that it is the judge or the lawyer that is the problem. In these pretrial parts of the case, it is very rare for the judge to have the control that your describe. Your case hase been pending for nearly 3 years -- which is a little unusual.
Re: Unfair or Unequiable treatment by a Judge in Civil Case
The denial of a motion for summary judgment as you describe it is not able to be appealed. I would love to see your records, since I am not sure that it is the judge or the lawyer that is the problem. In these pretrial parts of the case, it is very rare for the judge to have the control that your describe. Your case hase been pending for nearly 3 years -- which is a little unusual.
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