In under the wire?

[FLMom]

I'll file it tomorrow and see what happens. I'll ask when I file
whether I need to ask for a hearing or not. The clerk's office
here is extremely helpful.

Thank you for all of your time this weekend. I'll update when I
get word.

[FLMom]

Late night information from my daughter on Sunday changed things entirely. Daughter states that ex is now definitely divorcing new wife and "we'll be moving after Christmas, but I don't know where yet".

Had originally planned to file Order you helped with early Monday afternoon and keep meeting with lawyer mid-afternoon. Decided during day to hear out whatever explanations he might have then file Order if meeting did not have an acceptable outcome.

Lawyer states that he found out another trial of his was upped and attempted to reschedule the telephone conference but was suprised that it had gone on without him. Also states "mailbox rule", saying that the Final Judgment really wasn't final on Friday because due to the "mailbox rule" he had an additional 3-5 days to file and things would still be OK. That's when I handed him a copy of the order I filed the previous Friday, and told him that the case had been listed as reopened in any case.

We are meeting again this Friday, and he assures me that he and the other lawyer will have ALL entered into the Final Judgment by Thursday at the latest.

So, combining the two events, daughter's news and the case now reopened, I made a decision. A lawyer that already has my retainer money is better than me going pro se anyday in the event that my ex decides to flee the area with our children. The devil you know is better than the devil you don't. I could plunk another retainer down and end up with one worse than this. He does take care of things, my gas costs will just be higher from continually going by his office to make sure everything is happening when it should be.

Final Order should be FULLY written and in place by this Friday. If not, I still have the Order you helped me write and I WILL be at the courthouse this Friday before 5pm.

Thank you again for all of your help,
FLMom

[FLMom]

First off, I wanted to say thank you very much for all that you have helped me with thus far.

I really like our Judge. You said in an earlier post that it was up to me to prove that my atty had not supported my best interest and as the Judge was an atty himself he probably wouldn't want to rock the boat. Turns out maybe me just having to file anything on my own was enough to make the Judge sit up and take interest.

He rocked it. I think he nudged my atty.

(Sidenote- Final Order is written, because I went to my atty's office and watched him not only write it, but then call ex's atty and fax it over. Ex's atty wanted to add a few sentences but other than that it's finis.)

I received in the mail the answer to my last minute dash motion I filed that Friday when I couldn't find my atty. The Judge states:

Order on Petitioner's Motion to Alter or Amend Final Judgment

1. This Motion is denied, without prejudice to refile.

2. Petitioner is represented by counsel and the motion is not a proper pleading. Petitioner, through counsel, has additional ten days from the date of this order to show cause why her requests for relief should not be dismissed.

Question:
1. Does this look to you like the Judge is acknowledging that the attys should get this done, like yesterday?

2. As it is obvious that I botched properly writing the whole motion, have you ever seen a Judge grant additional time even when it's obvious the person hasn't a clue what they're doing?

Thanks Again,
FLMom

[socrateaser]

>Question:
>1. Does this look to you like the Judge is acknowledging that
>the attys should get this done, like yesterday?

Yep. Judge recognizes that your motion doesn't really address the issues, i.e., claiming "certain" issues does not provide sufficient evidence of cause for leave to amend. If judge wanted to get rid of you, he would have dismissed "with prejudice" (barring refiling)

>2. As it is obvious that I botched properly writing the whole
>motion, have you ever seen a Judge grant additional time even
>when it's obvious the person hasn't a clue what they're
>doing?

Yes, as part of the requirements of receiving federal matching dollars for child support enforcements, the State courts must give family law pro se litigants broad latitude in interpreting their pleadings in order to ensure substantial justice.