Verified Motion For Temporary Injunction Assistance

FreeWill1

FreeWill1

New Member
Jurisdiction
Florida
Hi I'm a pro se litigant seeking a declaratory judgement against my school seeking clarification of my rights to participate in legally provided educational programming. I also filed a Verified Motion for Emergency Temporary Injunction to not allow the deadlines for participating get by for the semester which seems like it should have been ruled on by now, but it has not.



The injunction was properly pleaded & verified and showed each of the four conditions for issuance: that the harm is clearly irreparable, there is no remedy at law, it will succeed on the merits, and is in the public's interest.



This is a time sensitive matter. What motion could I file to seek clarification from the judge concerning clarification on a ruling which has not yet been made but should have been, one way or another?
 
Is your action against a K-12 public school?

Are you at least 18 years of age?
 
How could you expect to get clarification of a ruling which has not yet been made?
How long have you been waiting?
It seems you might just need patience.
 
FreeWill1 said:
Its against my college

I am 15 but have had the suit filed on my behalf properly
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Is the college a public college, private college, or college affiliated with a religion?

If its a public college, the lawsuit will eventually be dismissed.

In a couple of sentences, what's your beef with the college?


You can't file a lawsuit.

You can't be a pro se litigant.

You're legally incompetent, insofar as you're not of majority.

The lawsuit will be dismissed.

I don't understand how the lawsuit ever got filed.

Minors aren't recognized as a person before any court in this nation.

Your parents could bring a lawsuit on your behalf.

You can't sue anyone for anything, because courts recognize people, adult people.
 
FreeWill1 said:
What motion could I file to seek clarification from the judge concerning clarification on a ruling which has not yet been made but should have been, one way or another?
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Huh? You can't clarify something that doesn't yet exist. If you feel like your motion should have been ruled on by now, contact the court clerk and make an inquiry.

FreeWill1 said:
I am 15 but have had the suit filed on my behalf properly
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Minors lack capacity to sue except through their parent(s), guardian(s) or "next friend," so that may be the problem.
 
The motion and complaint are properly filed on my behalf by my parents. It has been over a week and a half since it was filed. It is a request for Declaratory Judgement, a clarification of my rights in which they are the only party of adverse interests. I have a right to such clarification.

The Motion for Temporary Injunction was properly verified, so i thought it would have had to been ruled on with expedition. But there is no order in either favor, granting or striking the motion for injunction that should issue based on the standard of review.

My disagreement is a straight material breach of contract of the program in which I was admitted to college early. The contract, the "Dual Enrollment Articulation Agreement" is a contract demanded by black letter law in fs 1007.271, which officiates my enrollment in the same way that ones calendar year does for traditionally matriculating students.

Black letter states that this program will have access to certain classes. Access to those courses specified directly in the Articulation Agreement has been wrongly denied.

It is incredibly unlikely that a 15 year old would find such against a state college, but it is the case. None of the laws governing this program have been challenged nor refined by case law in any way. So its possible its just taking a while i guess to make certain.

My question is that once a Verified Motion for Injunction has been filed, that there would be a definitive answer rendered, correct? And one should not need to forward a Verified Motion for consideration, correct?
 
Minors have no rights.
Any claim to a right is on behalf of the minor's parent(s) or legal guardian(s).

A court won't respond to you, because you're a legal incompetent.

A court MIGHT respond to your parents, but it seems they're operating against you.

If you believe a contract which impacts you has been breached, your legal guardian(s) or parents(s) must bring such an action founded in contract law, not civil law.
 
it is specifically filed by my parents. I wrote it. It is properly filed on my behalf by them

The complaint as well as the motion both properly plead the elements of contract breach within the context of a declaratory judgement about it. The motion shows the existence of a valid contract, breach of that contract as well as material damages
 
if the court might or might respond to properly filed and verified actions, under what condition could the court simply not rule on it one way or the other?

that understanding would help greatly so i can look in those directions
 
FreeWill1 said:
it is specifically filed by my parents. I wrote it. It is properly filed on my behalf by them

The complaint as well as the motion both properly plead the elements of contract breach within the context of a declaratory judgement about it. The motion shows the existence of a valid contract, breach of that contract as well as material damages
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What remedy are you seeking?

What specific covenant of the contract do you believe the university breached?

You do realize matriculation as a student doesn't create a specific contract, right?

FreeWill1 said:
if the court might or might respond to properly filed and verified actions, under what condition could the court simply not rule on it one way or the other?

that understanding would help greatly so i can look in those directions
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A court doesn't respond to a breach of contract suit.

The court isn't a party to a contract.

The university should respond to the lawsuit, assuming you filed the correct pleading.


This might help you:

1.130 Attaching Copy of Cause of Action and Exhibits

2005 Florida Code - :: CIVIL PRACTICE AND PROCEDURE :: VENUEChapter 47

https://www.floridabar.org/wp-content/uploads/2017/08/Civil-Procedure-Rules-Updated-8-4-2017.pdf

Florida Civil Litigation Process | Jacksonville, Orlando, Miami Lawyer
 
If you properly filed a motion it will get an answer.
Be patient. A week and a half isn't much time at all.
As mentioned previously, the clerk's office might give some insight on a timeline.
 
seeking injunctive relief.

The contract is one which is legally called for, which defines the terms of the program under which I attend early. In black letter law this contract is mandated. the contents are mandated, so that there be mutually agreed upon terms.

The contract itself is not at all implied because of matriculation. It is a binding document which had to be signed & initialed no less than 27 times.

Point #3 of the signed Articulation Agreement is what was breached. It allows for any course creditable toward an associates degree. I I was involuntarily dropped from a very advanced course for stated reasons that the class was part of an associates degree
 
So this is all about being dropped from a class?
All the legal action seems excessive.
The school should have an appeal process for such things.
Whether you are successful with your attempt or not you are likely making things difficult for yourself going forward.
This seems like something that should have been resolved by the deans.
 
it should have been addressed by administration, but wasn't. & it isn't just one class, this is the core of what the program is.

And there should be an appeal process, it says so in black letter law. But there isn't.

This action is addressing all these things, but the breach is a specific piece of it
 
This contract that was signed (by yourparents I presume) didn't say anything about alternative dispute resolution?

Honestly, it sounds like you are spinning your wheels, but kudos for the effort. One way or the other it will be a learning experience for you.
 
FreeWill1 said:
it should have been addressed by administration, but wasn't. & it isn't just one class, this is the core of what the program is.

And there should be an appeal process, it says so in black letter law. But there isn't.

This action is addressing all these things, but the breach is a specific piece of it
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Was the university properly served?

Proper service is notice.

Notice allows the defendant to respond to a lawsuit.

If service was defective, the lawsuit will fail.

Don't expect a savvy defendant to do much more than deny each and every allegation of your pleading.

The pleading must reflect Florida civil procedure in form and substance.

An improper pleading will cause your lawsuit to be summarily dismissed.

A defendant is allowed 20 days to respond once he/she/corporate entity has been PROPERLY served.

Add in 2-4 days, more if you filed on a Friday or holiday weekend, for filing and service by the deputy or process server.

An answer, general denial, takes almost three weeks.

Once that happens,the case is docketed for frost hearing.



That could be a couple weeks to six months, maybe more in populous locales.

Once the defendant responds, you'll be noticed.

Check the court's website for answers to administrative questions and timing, generally.


It'll be fall or winter before this case is heard, possibly longer.

Most people try to settle out of court, as courts are slow, cumbersome, and extremely frustrating.
 
FreeWill1 said:
The motion and complaint are properly filed on my behalf by my parents.
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This creates another problem. You told us that you are appearing pro se. Since your parents are filing on your behalf, then they are the ones proceeding pro se, not you. However, since they are merely representative parties, they likely must be represented by counsel.

FreeWill1 said:
It has been over a week and a half since it was filed.
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And you think you should have gotten a ruling by now?! LOL! I don't know how busy the court where you filed your case is, but ordinary motions don't typically get ruled on for at least a month after they are filed. The opposing party has an opportunity to file an opposition to your motion, and you then have an opportunity to reply to the opposition. The court may or may not hold a hearing on the motion, and either issue a ruling at the time of the motion or take the matter under submission and issue a ruling at a later date. It is not uncommon for ordinary motions to take several months before the court issues a ruling. I once had a court sit on a motion (actually several competing motions) for two and a half years, although that's an extreme situation. If you wanted or needed your motion decided quickly, then you could and should have brought it as an expedited motion.

FreeWill1 said:
My question is that once a Verified Motion for Injunction has been filed, that there would be a definitive answer rendered, correct?
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This question is grammatically awkward. If you're asking whether the court will eventually rule on the motion, the answer is most certainly yes, but we have no conceivable way of knowing how long it will take.

FreeWill1 said:
And one should not need to forward a Verified Motion for consideration, correct?
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Forward it to whom?

You should assume your case will fail miserably unless your parents retain competent legal counsel to represent you.
 
army judge said:
Was the university properly served?

Proper service is notice.

Notice allows the defendant to respond to a lawsuit.

If service was defective, the lawsuit will fail.

Don't expect a savvy defendant to do much more than deny each and every allegation of your pleading.

The pleading must reflect Florida civil procedure in form and substance.

An improper pleading will cause your lawsuit to be summarily dismissed.

A defendant is allowed 20 days to respond once he/she/corporate entity has been PROPERLY served.

Add in 2-4 days, more if you filed on a Friday or holiday weekend, for filing and service by the deputy or process server.

An answer, general denial, takes almost three weeks.

Once that happens,the case is docketed for frost hearing.



That could be a couple weeks to six months, maybe more in populous locales.

Once the defendant responds, you'll be noticed.

Check the court's website for answers to administrative questions and timing, generally.


It'll be fall or winter before this case is heard, possibly longer.

Most people try to settle out of court, as courts are slow, cumbersome, and extremely frustrating.
Click to expand...

Thank you for helping me understand the process more! Now I know what to expect in the coming days and months of the case.
 
mightymoose said:
This contract that was signed (by yourparents I presume) didn't say anything about alternative dispute resolution?

Honestly, it sounds like you are spinning your wheels, but kudos for the effort. One way or the other it will be a learning experience for you.
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Thats what it's all about. Thank you for the help, it has helped me understand the legal process!
 

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