Rehearing Motion For Improper Service

by Kari from Clearwater, Florida, Pinellas County

Rehearing Motion For Improper Service:
How do I petition the court for a new court date when I missed one? The court notice was mailed to an old address.

Answer to Florida Court Forms Question

Dear Kari,

You don't say what kind of hearing it was that you missed and whether there was a court order as a result of the hearing. Depending on exactly what happened, it may be that it was your responsibility to inform the court of your correct address.

For example, if you moved while a court date was pending, and you failed to inform the court of your updated address, there may be little that you can do.

However, if the court made an error and sent the hearing notice to the wrong address, you could file a motion for a new hearing; and state as your reason that you were not properly noticed (notified) of the hearing.

If the judge made an order at the hearing and you were not properly noticed, you could file a motion to set aside the court order; and again state as your reason that you were not properly noticed.

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