A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. A motion may be directed strictly to a procedural defect or matter. However, it is usually used to obtain relief not available through other pleadings. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Florida Motion of Plaintiff Requesting Court to Reconsider an Order and Reimburse Attorney's Fees and Medical Costs - Notice of Motion to Defendant
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US-01477BG
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FAQ
The Supreme Court stated that the Federal Rule of Civil Procedure 52(a) provides that ?a finding is 'clearly erroneous' when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.? Essentially, the appellate ...
If a party has been fully heard on an issue during a nonjury trial and the court finds against the party on that issue, the court may enter judgment against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue.
(a) Harmless Error . Any error, defect, irregularity or variance which does not affect substantial rights shall be disregarded. (b) Plain Error . Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court.
Florida Statutes Section 768.79 encourages settlement of claims by providing an attorney fee shifting mechanism in instances where the defendant makes an offer of judgment to the plaintiff, and the ultimate judgment is one of no liability or the plaintiff obtains a judgment that is at least 25% less than the amount of ...
Local Rule 15.1 requires that a motion to amend ?reproduce the entire pleading as amended and may not incorporate any prior pleading by reference.? S.D. Fla. L.R. 15.1.
Harmless and Plain Error. (a) Harmless Error. Any error, defect, irregularity, or variance that does not affect substantial rights must be disregarded.
Findings by the court. (1) In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon and direct the entry of the appropriate judgment.
As originally enacted, Section 57.105 authorized an award of attorney's fees against a party and that party's attorney when the court found ?a complete absence of a justiciable issue of either law or fact raised by the complaint or defense of the losing party.? §57.105 (1), Fla. Stat. (1995).