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Set Aside Petition Format In Florida
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Once the judgment is set aside, the case starts up again. If you do not file an answer with the court to defend against plaintiff's complaint, you could again be defaulted and another default judgment could be entered against you.
After you file an answer and counterpetition your case will then generally proceed as follows: The other party is required to answer your counterpetition within 20 days using an Answer to Counterpetition, Florida Supreme Court Approved Family Law Form 12.903(d).
On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, decree, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been ...
If you have been served with a petition for dissolution of marriage in Florida, you only have 20 days to respond to the court with your own filing. There are several types of responses you can file.
In a few situations, a judge can cancel or undo an order or judgment in your family law case. This is called a set-aside.
With the exception of motions filed pursuant to rule 9.410(b), a party may serve 1 response to a motion within 15 days of service of the motion. The court may shorten or extend the time for response to a motion.
What do I do next? Once you and your attorney have completed your response and counter-petition they must be filed at the family desk at the court clerk's office. After the response and counter-petition have been filed you need to serve your spouse.
A motion to vacate is the procedure used to remove the Speaker of the House. It's a rarely used procedural tool that allows any Member of Congress to introduce a resolution, declaring the speakership to be vacant.
When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate. The phrase is often used in the context of appeals, when an appellate court invalidates the judgment of a lower court. For example, in Eckenrode v.