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We had a mediator and attorney in a divorce case back in 2012. All paperwork was signed by both parties and by mediator. It was stamped as well. The attorney was supposed to submit the paperwork to the courts but we recently found out he did not do so because he thought he was still owed a fee for use of a facility. We were not originally told to expect to pay this fee. In turn, the courts dismissed the case. What is the best way to go about refilling/reopening the divorce? Should we send a standard motion form and ask judge to reopen the case or will this be a waste of time? Would it be better just to pay the money to re-file?
7 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Was the case dismissed for lack of prosecution? If so, it might just be the paying of a $50 fee to have it reopened instead of the over $400 to start a new case.
Answered on Jul 11th, 2014 at 3:18 AM
John Arthur Smitten
You have to pay another re-open fee and get a summons from the clerk. Use of a lawyer is recommended.
Answered on Jul 11th, 2014 at 3:17 AM
Great question. It is 6 of one and a half a dozen of the other. Meaning it does not matter which way you proceed. You can make you motion and see what happens or you can start over from the beginning. Your call.
Answered on Jul 11th, 2014 at 3:13 AM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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In Florida, it generally only costs $50 to re-open the case. If you or your ex have a signed copy of the agreement, or the original, you should be able to pay the re-open fee, file the agreement, and file a Notice of Final Hearing if the agreement fully disposes of all issues in dispute. It may also be a good idea to contact the court's case manager, who is usually responsible for moving cases involving unrepresented parties, and let her know what happened and that you have a signed agreement, and will be filing it and paying the re-open fee, so that she may tell you what your assigned judge requires for an uncontested final hearing, and how to schedule it.
Answered on Jul 11th, 2014 at 3:09 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If the case was dismissed, you will need to refile. However, if you have a signed agreement, you can file that in the new case and it should still be binding. If you're unsure how to proceed, you should hire an attorney to assist you.
Answered on Jul 10th, 2014 at 5:57 PM
Alimony Attorney serving Key West, FL
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Sheri Smallwood Chartered
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You should be able to re-open for $50. See the clerk.
Answered on Jul 10th, 2014 at 1:30 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Review the Order of Dismissal. If it was dismissed "with prejudice" you must refile the Petition. If the dismissal was without prejudice file Motion with the Judge.
Answered on Jul 10th, 2014 at 12:33 PM