Rule 9.400 (c) Fla. R. App. P. Review of verbal denial of Cost Judgment and Writ of Execution. Whether to file a new appeal?

Bankruptcy and Debt 3 views 3 answers
Hi there, I'm pro se in a small claims case. I have the written appellate cost's Order signed by judge but Plaintiff, rather counsel did not pay and I filed a timely motion for a cost judgment and a writ of execution. Court again enter a notice of another hearing and at that hearing judge verbaly denied my motion for a cost judgment and a writ of execution without actualy signing and entering a written order of denial for court’s record. So, I have to file a motion for review of that verbal denial with the appellate division. Its gone be a new appeal with a new notice of appeal, briefs and fee of $281.00 of course, or just a regular motion for review without notice, brief or fees??? Another problem is that a judge did not signed and entered a written order of denial on purpose.

Attorney Answers

3
Jonathan Klurfeld ·
Instead of dumping more time and money into a small claims case, why don't you consult with a lawyer for some help. Offer a few bucks to pick his/her brain for 30 minutes. It will save you a lot of time and money going in circles and appealing etc.
0 upvotes
Mark Theodore TischhauserLitigation LawyerTampa, FL ·
THIS is where so many pro-se litigants don't see forest for the trees. You will be spending more time and money fighting over the cost issue than its worth. More importantly, since you presumably won the appeal, you still need to deal with the trial judge below and being so contentious usually alienates the court and costs you dearly later. To answer your question, you would have to initiate a new appeal in proper fashion.
0 upvotes

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