What do I call this motion?

[Rldunc]

What is the name of your state? Florida


OK, I was in court on Nov 19 and judge ruled in my favor. I'm pro se, ex-wife has attorney. Ex appealed to 2d DCA in FL, but is also trying to get the order reheard in circuit court and set aside. As part of the appeals process, the parties had to stipulate to what was said at the Nov 19 hearing. (no court reporter) It's called a statement for the record. I stated that my ex initiated the treatment for the braces, she denied it, that is in the statement. Now I can prove that she lied b/c I've subpoenad the records from orthodontist. She signed a Letter of Intent and Consent for Treatment. I also have the checks she wrote in 96 to start the braces, records fee and initial exam fee. What do I call this motion? Is it a motion for Order to Show Cause? Motion for finding of Perjury? Her attorney agrees with me that her client lied, but says that this would help HER case, not mine. She claims that would make it "marital" and it should have gone away.

Almost everything is being reheard, I'd like to get this heard because it bears on the wife's prior knowledge of treatment and on the necessity of treatment. I don't know what to call the motion. Please help. I need to get this into the appeal, that she knew about this from the beginning.

Basically, I'm CP and have paid all medical bills for children, she has consistently refused to pay her ordered 50% and they have used every excuse in the book; didn't know, luxury, never agreed to it, not necessary, not reasonable, no ability to pay. All I want is $1107, she has spent far more than that on attorney fees just appealing the judge's order that she pay! It's a hate case, I guess.

 

[Rldunc]

bump

 

[VeronicaGia]

bump

again.

I hope someone can help you.

 

[Rldunc]

Thanks, getting a barrage of motions from her side, nothing too serious. I know I can't bring it up in court without having filed a motion and set a hearing. We've gone back and forth, and up til now there has always been a form or an old motion that fits my needs. I don't know how to ask the court to rehear this testimony, I do have evidence now that I didn't have at the hearing where she made the statement. I need legalbeagle, IAAL or boxcarbill

 

[jyoung]

The appeals court is not the place to prove that your ex lied, the function of the appellate branch is to review decisions of the lower tribunal and decide whether errors were made by the court that have harmed you in some fashion. Your best bet is a rehearing where you would have the opportunity to present your new evidence. An appeals court is never going to look at new evidence, only what transpired in the appealed action. good luck, hope this helps

 

[Rldunc]

Right, jyoung. There is an appeal. Part of the appeal is the statement of hearing, which goes in the record. There is an error in the record because my ex stated "that she did not initiate treatment for braces". I disagreed but had no hard evidence at the time. Now I do. Besides the appeal, her lawyer is trying to get almost everything reheard in lower court, hey, it's not my money, I'm pro se. I just want to get this error, misstatement, slip of the tongue, or whatever Clinton would call it, reheard. "Motion to correct testimony of Former Wife" ?? "Motion to hear new evidence" I don't know what to call it, and was hoping someone did, or could point me in the right direction. I've got a motion from her that says, "Motion to Rehear Denied Rehearing and/or Set aside Orders of Nov 27 and Dec 19" How's that for a caption? Thanks for the help.

 

[VeronicaGia]

If you don't get the help you need here, try this website:

www.deltabravo.net

There is a father's issues board, and something called "TGB's Links." The links are state laws and an array of sample petitions, etc.

Best of luck. Once again, sorry I couldn't be more helpful.

 

[jyoung]

I'd sit tight if I were you, you won. Chances of her getting reheard or even prevailing in an appeal are slim unless the judge really screwed up. Be careful thinking as pro se you won't eventually be on the hook for fees and costs, there's lots of ways you can get tripped up. I won my case before a general master but the judge reversed her and slammed me with $100g's of my ex's fees and costs......thats in my appeal

 

[Rldunc]

jyoung quote>>I'd sit tight if I were you, you won. Chances of her getting reheard or even prevailing in an appeal are slim unless the judge really screwed up. Be careful thinking as pro se you won't eventually be on the hook for fees and costs, there's lots of ways you can get tripped up. I won my case before a general master but the judge reversed her and slammed me with $100g's of my ex's fees and costs......thats in my appeal<<

I hear you. Yes, I won. "My" judge ruled and denied her a rehearing. Normal judge rotation Jan 1, now we have new judge. Lady judge. This judge told me right up front that my ex's attorney used to be her guardian ad litem, in other words, they're buddies. I said, "no problem, your Honor". So it might get reheard, but set aside? I doubt very much. Judge used his discretion, didn't screw up, supported by case law and statutes. As long as it's being reheard, though, I might as well get the perjury in there. There's a good chance I can catch her in a lie at this next hearing. No one has asked for fees, yet. Soon I get to write a brief, this should be interesting. Thanks

 

[Rldunc]

bump
When you have new evidence that someone lied in a previous hearing, how do you get it heard? I found some articles that say it's OK to lie in family court, everybody does it. I don't think so. My ex swears she didn't put our daughter in braces, but she did. Her attorney knows she lied, doesn't seem to care. Almost every day I get a new motion, an amended motion or an amended amended motion to rehear that the earth is round, etc. I'll be in court till next summer, hopefully by then my ex and her attorney will have proved that the earth is really flat, and everybody will be happy. I haven't filed anything for over a month, and it bothers me.