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file a pro se motion if your attorney won't

I filed a motion to vacate a judgment while i was still represented by counsel, 1.540(b) when i tried to get a hearing date the court would not give me a hearing , and i received a order striking my motion , with out any legal explanation , is this legal??

"This cause comes before the court without hearing on Defendant's Verified Emergency Motion to Vacate Judgment or in the Alternative Set Aside Judgment Or In The Alternative Motion For A Rehearing And/Or Reconsideration Or In The Alternative Motion For A New Trial. A Notice of Appeal was filed by counsel. Later the same day defendant proceeding pro se filed this motion. This court lost jurisdiction to address this motion when the Notice of Appeal was filed. The court has now received the Mandate of the appellate court and has jurisdiction to address the motion. The motion was filed by defendant pro se at a a time he was represented by counsel, as such it is a nullity and must be stricken. The court being otherwise fully advised in the premises, it is

ORDERED AND ADJUDGED THAT on Defendant's Verified Emergency Motion to Vacate Judgment or in the Alternative Set Aside Judgment Or In The Alternative Motion For A Rehearing And/Or Reconsideration Or In The Alternative Motion For A New Trial is declared a nullity and is stricken. No further action will be taken on this motion. This action is without prejudice to defendant filing such further motions as may be allowed by law.

DONE and ORDERED in Fort Myers, Lee County Florida this 9th day of February 2016.

Comments for file a pro se motion if your attorney won't

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This kind of aloof and disrespectful behaviour is ever increasing in our judicial court system aimed against Pro as litigants.
by: Pro as litigants civil rights

There needs to be serious legislation enacted to protect pro se litigants from unlawful actions of some of our judiciary. Some of the rulings they hand down against Pro as litigants are merely retaliation and designed to frustrate the pro se litigants..and intimidate discourage and belittle the litigant from thinking about representing him or herself in a court of law...seemingly reserved strictly for Attorneys..this is the core problem in our court's today...attorneys are rapidly becoming a more and more unpopular form of our legal process..because the charge too much money and do very little to nothing to advance the client's case..they play favors with the other side.. and some have been known to sell their clients down the river ...its an evil evil game some attorneys play on the public...and after you paid an attorney 5,10 and 20 k large to fight for you..some avoid calls and become short and snappy towards you...and don't you dare thinking of filing a Bar compliant..F.O.R.G.E.T about that..regardless of how much evidence and documentation you have to prove dereliction of duty..the bar will almost always side with the Attorney..always almost every time..you get no legal results and you lose your case in advance..then to add insult to injury the Attorney files a motion to withdraw from your case..leaving you in the middle of a serious case and you have no more money to pay yet another attorney to represent you...
So on the real..most people are of the belief they don't need an attorney to lose their case for them..people can lose their own case without professional assistance..a heck of a lot cheaper..pro as lilagants are on the increase...LAW AND CASE LAW APPLIABLE TO ANY SPECIFIC CASE IS NOT DIFFICULT AT ALL TO ARGUE AND IF THE JUDGE IS TRULY ONE WHO UPHOLDS THE OATH OF HIS OR HER OFFICE YOU WILL PREVAIL IN COURT..THANKS FOR READING




Can you file a motion for a new trial pro se in Florida
by: Tracy Yo'Seph

My husband just was found guilty, we are asking the public defender to file a motion for a new trial. She isn't responding and he is facing life can I file the motion for my husband pro se? We have 10 days which is the 11th. So we are running out of time

Jurisdiction
by: Staff FALDP

Hi Anonymous,
The Order is clear. Your filing a pro se motion while you are represented was improper, and the judge declared it a nullity. Also, your attorney filed a Notice of Appeal, at which time the circuit court lost jurisdiction on your case. See -
http://www.flcourts.org/florida-
courts/district-court-appeal.stml



The purpose of Florida’s District Courts of Appeal is to provide the opportunity for thoughtful review of decisions of lower tribunals by multi-judge panels. District Courts of Appeal correct harmful errors and ensure that decisions are consistent with our rights and liberties. This process contributes to the development, clarity, and consistency of the law.

CASE LAW
by: Anonymous

Thank you Anginita , I can not find any case law or anything on this , how can a order not state any legal explanation , The bigger issue is that the court is not allowing me to schedule a hearing as a pro se litigant, thanks ,

Pro see motion
by: Anginita Rosier

Yes, this is legal. If you are being represented by an attorney, your attorney must file a notice of appearance notifying the court that he is in fact your attorney. If you are not satisfied with the way your attorney is handling your case, you have the right to fire him, however, at no time while he is representing you can you file motions on top of other legal motions he may be filing with the court in your behalf. Also, if this is a criminal case for appeal you will definitely need an attorney to handle your case. Hope this helps.

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