What is the procedure in florida family law to withdraw a motion filed with the clerk of court? Can it be done at the hearing?

Family Law 3 views 3 answers
This is a arrearage case for which the petioner ( ex-wife) filed the request of the court. As the respondent, I filed the same identical form agreeing to the motion filed. This matter is already set for hearing before a general magistrate.

Attorney Answers

3
A Mullaney ·
If you agree to the relief sought in a motion, you should both go to the hearing and tell the magistrate what you have agreed to. There is no need to withdraw either motion.
0 upvotes
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
You can appear before the magistrate and inform him or her that you have reached an agreement. A better idea would be for both parties to sigh a stipulation stating what has been agreed to and then file a Notice of Canceling Hearing. It would be best to have an experienced family law attorney draft the stipulation to be filed in court. He can also help you with the Notice of Cancellation of Hearing..
0 upvotes
Marian Lindquist ·
I agree with both prior attorneys. If you had a lawyer an agreed order and possibly a stipulation would be prepared. Without a lawyer you may be better off going before the general magistrate and stating you agree.
0 upvotes

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