Legal Question in Real Estate Law in Florida

HELP!!! Can I File a Motion for Rehearing?

I had to sue my FL condo assoc in 2004 for failure to repair & maintain. Reached a mediated settlement agreement in Aug 2005, which the assoc has badly breached. today i'm about ready to file a pro se motion to enforce the settlement agreement, & i discovered from the public record that just 3 days ago my attorney (who hasn't talked to me since the mediated settlement agreement was signed almost 2 yrs ago!) and the opposing counsel signed a joint stipulation to dismiss my case with prejudice!!! Can I file a motion for rehearing to throw out the dismissal and reopen the case? I can't believe that attorney assumed he still represented me and could speak for me after no contact for 2 years!!!


Asked on 6/28/07, 8:39 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: HELP!!! Can I File a Motion for Rehearing?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It depends on the date it was signed and filed with the court. At the least, I believe that the court may entertain a status conference if you write to the Judge and explain your thoughts.

Scott R. Jay, Esq.

Read more
Answered on 7/01/07, 11:07 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida