Case

[ice5146]

Case Law

What is the name of your state? FL

Had a Final Hearing for Modification of Custody on April 13, 2005. At the Hearing, my attorney asked the Judge if he could file case law on a couple cases he had recently comparable to mine. Judge said he had 10 days to do so. Judge told opposing attorney for him not to file case law since she didn't want my ex to have to pay him for that. My attorney didn't file for about 2 months as opposed to 10 days. I still don't have a decision. What exactly does the case law do? Is it to show the Judge the ruling may be overturned in Appeals if she finds a certain way? Please advise. Thanks!

 

[Gracie3787]

What is the name of your state? FL

Had a Final Hearing for Modification of Custody on April 13, 2005. At the Hearing, my attorney asked the Judge if he could file case law on a couple cases he had recently comparable to mine. Judge said he had 10 days to do so. Judge told opposing attorney for him not to file case law since she didn't want my ex to have to pay him for that. My attorney didn't file for about 2 months as opposed to 10 days. I still don't have a decision. What exactly does the case law do? Is it to show the Judge the ruling may be overturned in Appeals if she finds a certain way? Please advise. Thanks!

Case law is usually used to show that other courts have given orders similar to the ones that you are wanting the court to grant. I'm very surprised though that the judge told the opposing attorney that they cannot file any case law. Unfortunately, if you win, that may be a basis for an appeal- the other party wasn't allowed the same rights as the winning party.

You should ask your attorney if another hearing date needs to be set before the judge is able to rule.
Gracie

 

[ice5146]

Hey Gracie

Let me be a little more clear. My attorney offered the case law. The Judge then turned to opposing attorney and told him he did NOT have to file so his client didn't have to pay. His attorney actually filed his case law anyway, way before my attorney filed his. My attorney even went so far as to tell me that what ex's filed actually helped me instead of hurt me. So then I take it that the case law is a case like mine, Mod of Custody, where the court (assuming in the same state??) found in favor of what my attorney is attempting to prove correct? Thanks for your help!