Legal Question in Real Estate Law in Florida

My attorney attended a hearing that I was not made aware of and at that hearing, stipulated to set aside the Deed which gave me title to a property. This was the issue that the suit was based upon. Months prior to my attorney attending this hearing, he filed a Motion to Withdraw as Counsel, but no hearing had been held, nor Order issued for him withdrawing as my legal counsel.

It would be extremely difficult for my attorney to file a Motion to Set Aside Stipulation that he agreed upon at hearing, on the premises that he had no authority from me as the client. So, I filed a Verified Motion for Rehearing and Motion to Set Aside Partial Summary Judgment, at which time I was still legally represented by counsel, as the Motion to Withdraw had not been heard, nor Order issued.

My question is: Is there any ruling, administrative code, rule of civil procedure, etc. that can be relied upon to have my Verified Motion be considered by the Court? This case is in the Circuit Court of Florida.


Asked on 2/28/13, 7:54 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

If the attorney lacked authority to agree and he acknowledges that, the Court should set it aside.

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Answered on 2/28/13, 9:22 am


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