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Comments for Motion for partial summary judgement when amended answer and counter-claim gave him second chance to plaintiff complaint in trial for counter-claim only

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Motion for summary judgment/declaratory relief as to the eviction complaint for
by: Anne

Although I did explain I was the prevailing party on the Plaintiffs original complaint, dismissed by adjudication, and the only open claim pending were my counter claims as the Counter-Plaintiff and after 2 years of constant delays by the Counter-Defendant,the Attorney's amendment was the specific cause of his ability to restate his claim as the Plaintiff, it was only for the purpose of clarifying the specifics of the erroneous motion that led to my question about the best way to reverse that action.
I am not in any way asking for advice on how to proceed with the Attorney's actions and any action I take against the Attorney will in no way assist me with my current and time sensitive need for advice on the question I have on the case in front of me.
That is, the Plaintiff's case is long since been dismissed. The only case pending is the counter claim which is a direct result of his false claims which have already been proven.
The amendment on the claims were already filed and after the additional claims were accepted a motion to transfer venue based on jurisdictional reasons (increase in claims) was set for hearing.
The judge signed the order to transfer MY COUNTER CLAIM to the higher court and it was agreed I would pay the additional expense (of course, it was my motion and my claims)
The case was transferred and I was The Counter-Plaintiff, that case pending. The docket showed as follows.
The case with him listed as the plaintiff (Dismissed/Dissolved) Closed.
The case with ME as Counter-Plaintiff PENDING
Then a week later, my attorney decided to file a second amended answer and defenses along with the Counter-claim. As of that day...Both cases opened.
His case no longer closed. He is Plaintiff Pending with me listed as Defendant.
On the case with me as Counter-Plaintiff, also listed as pending, but I am listed as Defendant on that case as well!
Would a summary or declaratory judgment motion, as to his claims as Plaintiff, already adjudicated and closed, before going to trial in order to eliminate him benefiting from my claims, be advisable?

No telling
by: Judi L.

Dear Anne,
I don't want to sound flippant, but there is no telling why your attorney did what he did. This site is probably not the correct resource for you. If you feel your attorney gave you incorrect or damaging advice, you may need to file a formal complaint through the Florida Bar.

I am not an attorney, and do not give legal advice.

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