Verified Motion For Temporary Injunction Assistance

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.

 

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.

 

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.

Minors lack capacity to sue except through their parent(s), guardian(s) or "next friend," so that may be the problem.

 

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.

 

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?

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.

 

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.

 

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.

 

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.

 

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.

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.

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.

Forward it to whom?

You should assume your case will fail miserably unless your parents retain competent legal counsel to represent you.