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How do you dismiss a judge from your case that's in another county?

Family Law Discussion Forum

How do you dismiss a judge from your case that's in another county?

Postby baigh75 » Thu Mar 31, 2011 6:53 pm

I would like to have my case transferred to the county in which I live; Florida. The judge in my case and in this other hick town county (which is also in Florida) is bias with the other party. He yelled at me, hardly let me explain my side during the telephone hearing ( I was representing myself) and even while screaming at the top of his lungs he told me that if my ex and I couldn't come to an agreement in mediation( which we haven't even had yet) in my county( which he did order it to be in my county) he said that we would go back to their county and we could have a jury trial!!!???? I was told already today from a lawyers office that there is No such thing as a jury trial in a family law matter. I am now seeking an attorney but can a paid attorney get a case transferred from one county to another even after the judge in the other county denied my motion to change the venue and transfer the court file? Also, the reasons I was asking for the transfer of court file to my own county was because the father vindictively started a case in his own county because he knew I couldn't get there. To make me look bad. I do not have dependable transportation to get to the other county which is at least 70-80 miles a way in one direction. I have the child in this case an she lives with me. For the record also, these are hick towns. There are no buses and taxis, subways to get from place to place and if there were I don't have the money for it. My question is can a paid lawyer help in this matter to transfer court files and dismiss a biased judge???? Serious ppl only please and preferably ppl with law experience...thanks
baigh75
 
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How do you dismiss a judge from your case that's in another county?

Postby broehain61 » Thu Mar 31, 2011 6:57 pm

I am not familiar with Florida law, but if you've already filed a motion for a change of venue, and it was denied, you probably want to appeal that decision. If you do not, you may lose the right to make that motion at a later time (the issue would be precluded). You want to do this as quickly as possible because there may be time limitations. An attorney may be able to help you determine whether you can appeal the issue or raise the issue on alternative grounds. A warning though, it may not be as easy as you think to convince the panel hearing the motion or appeal that you are subject to bias.

*this entry is not intended to constitute legal advice or to create an attorney-client, fiduciary, or other legal relationship.
broehain61
 
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How do you dismiss a judge from your case that's in another county?

Postby nemausus36 » Thu Mar 31, 2011 7:03 pm

Forsooth and belie the nay sayers! Yes, a proper family law atty with experience in these matters would find it the work of an instant to file an application based on forum non conveniens http://en.wikipedia.org/wiki/Forum_non_conveniens. This is especially appropriate in family law cases. Judge will no doubt be pleased, too, that you've seen the light and retained counsel. You have every reason to expect reward for your efforts.
nemausus36
 
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