This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Petition To Set Aside Compromise And Release In Miami-Dade
Category:
State:
Multi-State
County:
Miami-Dade
Control #:
US-000297
Format:
Word;
Rich Text
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FAQ
By way of background, the Pennsylvania Compromise and Release is a settlement agreement that must specifically state the terms relating to an injured worker's wage loss and medical benefits.
A petition to set aside an order approving compromise and release is, in effect, a petition to reopen. It requires a showing of good cause. It is not uncommon that one party alleges "mutual mistake," while the other party asserts the mistake was unilateral. This is ultimately decided by the trier of fact.
A compromise exists where parties agree to settle previously disputed or uncertain obligations. Like any other agreement, a compromise is based on the contractual rules of offer and acceptance, with each party conceding something, either by diminishing their alleged claim or by conceding or increasing their liability.
A petition for approval of compromise of claim of minor or adult person with a disability is filed when parties have agreed to settle a claim of a minor or adult person with a disability. The law doesn't allow a minor or person with a disability to settle their own claim without an adult guardian.
Be polite and calm. Stand when you speak to the judge and call them “Your Honor.” Speak clearly and loud enough for the judge and the other side to hear you. But don't shout or react to things you don't like. Now is not the time to express your feelings or vent your emotions.
As a result, you will begin to see the case status Post-Judgement Inactive (PJREPINACT) or Post-Judgement Active (PJREPACT) appear when viewing cases through the Clerk of Court Online Docket or the Florida Courts E-filing Portal.
Contact Clerk of the Court and Comptroller For general information, call 305-275-1155 for the Interactive Voice Response System.
You have 20 days to answer after being served with the other party's counterpetition. A copy of this form must be mailed, e-mailed, or hand delivered to the other party. To proceed with your case, you should refer to the instructions to your petition regarding setting a case for trial under UNCONTESTED and CONTESTED.