The Court is respectfully denying the relief sought as a matter of law

[Kazuo]

Jurisdiction

Florida

Dear forum members, today I received this from the court regarding my MSJ: "The Court is respectfully denying the relief sought as a matter of law. The parties are asked to confer on an order for submission to the Court through the order portal in CourtMap for review and consideration."

Could you explain to me what this means?

Thank you.

 

[zddoodah]

my MSJ

So...you're the moving party. Are you the/a plaintiff or the defendant? Are you represented by an attorney? Given where you posted this, I assume it's a defamation lawsuit. Correct? Is the lawsuit in federal court or state court? How about a BRIEF explanation of relevant facts?

Could you explain to me what this means?

I assume that "[t]he Court is . . . denying the relief sought" requires no explanation. The second quoted sentence means that the court wants someone to put together a formal order for the court to sign and for the parties to agree on the content of the order. Typically, the party who prevailed would draft the order.

 

[Kazuo]

So...you're the moving party. Are you the/a plaintiff or the defendant? Are you represented by an attorney? Given where you posted this, I assume it's a defamation lawsuit. Correct? Is the lawsuit in federal court or state court? How about a BRIEF explanation of relevant facts?

I am the Plaintiff in a Defamation lawsuit in state court and this is my MSJ.


I assume that "[t]he Court is . . . denying the relief sought" requires no explanation. The second quoted sentence means that the court wants someone to put together a formal order for the court to sign and for the parties to agree on the content of the order. Typically, the party who prevailed would draft the order.

The judge did not deny the MSJ based on facts. Who is the prevailing party here?

 

[Kazuo]

So...you're the moving party. Are you the/a plaintiff or the defendant? Are you represented by an attorney? Given where you posted this, I assume it's a defamation lawsuit. Correct? Is the lawsuit in federal court or state court? How about a BRIEF explanation of relevant facts?



I assume that "[t]he Court is . . . denying the relief sought" requires no explanation. The second quoted sentence means that the court wants someone to put together a formal order for the court to sign and for the parties to agree on the content of the order. Typically, the party who prevailed would draft the order.

We file the MSJ with the economic damages calculated by an expert, is this what they are denying? Thank you.

 

[doucar]

What ever you requested in your motion was denied as a matter of law, which could mean that your motion was not entitled to the relief sought under the law.

 

[Kazuo]

Does that mean that we go to trial? Thank you.

 

[doucar]

Does that mean that we go to trial? Thank you.

yes, unless the other party files a summary judgment motion and prevails.

 

[Tax Counsel]

Dear forum members, today I received this from the court regarding my MSJ: "The Court is respectfully denying the relief sought as a matter of law.

That means that what you stated as grounds for summary judgment on its face doesn't meet the requirements for summary judgment in your favor. In short you didn't provide what is needed for the court to conclude you should win based just on the motion — a trial or hearing is needed to resolve on or more issues in the case.

The parties are asked to confer on an order for submission to the Court through the order portal in CourtMap for review and consideration."

The court is asking the parties to confer on the exact language of the order to be issued by the court and submit your agreed order through the court's system. It's a way to get the parties to do some of the work the courts used to but no longer have the time to do given the increase in litigation and the fact that the state hasn't provided sufficient resources for more judges and courts to handle it.

 

[Kazuo]

That means that what you stated as grounds for summary judgment on its face doesn't meet the requirements for summary judgment in your favor. In short you didn't provide what is needed for the court to conclude you should win based just on the motion — a trial or hearing is needed to resolve on or more issues in the case.



The court is asking the parties to confer on the exact language of the order to be issued by the court and submit your agreed order through the court's system. It's a way to get the parties to do some of the work the courts used to but no longer have the time to do given the increase in litigation and the fact that the state hasn't provided sufficient resources for more judges and courts to handle it.

Since this was denied as "a matter of law", do you think the problem is fixable? Thank you.

 

[adjusterjack]

Since this was denied as "a matter of law", do you think the problem is fixable? Thank you.

I doubt that anybody can answer that question without you providing details about the case.

Are you plaintiff or defendant?
How much money is this about?
Small claims court or regular court?
Do you and/or the other party have lawyers?
Who is suing who and why?
What made you think you had grounds for a motion for summary judgment?

Did you ever read Florida Rule 1.510 - Summary Judgment?

Rule 1.510 - SUMMARY JUDGMENT, Fla. R. Civ. P. 1.510 | Casetext Search + Citator

 

[Kazuo]

I am the Plaintiff.
It is a lot of money, it is a case of libel of two doctors.
State court.
I am Pro Se, and the other side has lawyers.
Because they could not provide any evidence, they even admitted to error because they were caught. It is a clear case of libel because, during litigation, they fabricated competency evaluations to justify our termination and published them to third parties.
Thank you.

 

[Kazuo]

I doubt that anybody can answer that question without you providing details about the case.

Are you plaintiff or defendant?
How much money is this about?
Small claims court or regular court?
Do you and/or the other party have lawyers?
Who is suing who and why?
What made you think you had grounds for a motion for summary judgment?

Did you ever read Florida Rule 1.510 - Summary Judgment?

Rule 1.510 - SUMMARY JUDGMENT, Fla. R. Civ. P. 1.510 | Casetext Search + Citator

Yes, I read the Florida Rule.

Where are you? Can I contact you directly? Thank you

 

[adjusterjack]

the other side has lawyers.

Then you need to "confer" with them as to drafting the order that the judge requested.

Because they could not provide any evidence, they even admitted to error because they were caught. It is a clear case of libel because, during litigation, they fabricated competency evaluations to justify our termination and published them to third parties.

Now that you lost on summary judgment it seems clear that you will have to proceed to trial and prove your allegations.

Can I contact you directly?

No. I am not a lawyer. You'll have to rely on your own devices. Sorry.

 

[doucar]

Since this was denied as "a matter of law", do you think the problem is fixable? Thank you.

It appears you got the horse before the cart. The court is never going to rule on damages until liability is proven.

 

[Zigner]

I am the Plaintiff.
It is a lot of money, it is a case of libel of two doctors.
State court.
I am Pro Se, and the other side has lawyers.
Because they could not provide any evidence, they even admitted to error because they were caught. It is a clear case of libel because, during litigation, they fabricated competency evaluations to justify our termination and published them to third parties.
Thank you.

None of that is libel.

 

[zddoodah]

The judge did not deny the MSJ based on facts. Who is the prevailing party here?

Please answer the questions I asked in my prior response.

Subject to your responses, the non-moving party apparently prevailed.

We file the MSJ with the economic damages calculated by an expert, is this what they are denying?

None of us know anything about your case beyond what you've told us.

Since this was denied as "a matter of law", do you think the problem is fixable?

No conceivable way for anyone here to know.