Can I Amend (fix) my Petition or Complaint?

mistake

Question: Oh NO!  I failed to allege a fact or request a specific result in my Petition, can I fix it after it is filed???

Short Answer: Maybe.

If you made a mistake or did not fill out your Complaint or Petition correctly, you may be able to fix it before it is too late.  For example, in certain instances you are required to plead (make a statement in your initial Complaint or Petition) certain allegations if you want a specific result.  If you are unsure of the result you want, you may not get the result you need if it was never pled (alleged) in your Complaint or Petition.  The good news is, if you have already filed a Petition or Complaint, the Court may allow you to amend your Complaint or Petition.  Depending on when you have filed, if there has been an Answer filed, or if your matter is set for a trial.  The Florida Rules of Civil Procedure, Rule 1.190 (a) is the Rule that allows for Amendments.

Longer Answer:  The Florida Rules of Civil Procedure, Rule 1.190 (a) governs Amending your Complaint or Petition.

“A party may amend a pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed on the trial calendar, may so amend it at any time within 20 days after it is served. Otherwise a party may amend a pleading only by leave of court or by written consent of the adverse party. If a party files a motion to amend a pleading, the party shall attach the proposed amended pleading to the motion. Leave of court shall be given freely when justice so requires. A party shall plead in response to an amended pleading within 1 0 days after service of the amended pleading unless the court otherwise orders.”

The Court is the judiciary where parties go to (hopefully) end their personal disputes.  The Court is the neutral ground, which makes its determination based on the allegations and evidence presented in each case.   Do not leave out critical allegations or certain requests in your initial Petition or Complaint.  If you realize you need to fix your Complaint, or if you are faced with a Motion to Dismiss, you can “ask” the Court through a “Motion for Leave of Court to Amend.”

If you do not understand your rights or what allegation you should allege, please seek the advice of an attorney who can help you with your matter.

What are the grounds for divorce in Florida?

WitnessStand2Florida is a no-fault divorce state, which means the court will grant a divorce when the court finds that the marriage is irretrievably broken.  At least one of the spouses must testify about the state of the marriage.  Testimony of either spouse is sufficient proof to establish the requisite grounds.

Licensed Florida attorney serving areas in Hendry County: Labelle, Clewiston, Pioneer, Flaghole, Montura, Hooker’s Point. Serving areas in Glades County: Buckhead Ridge, Moore Haven, Lakeport, Palmdale, and Muse.  Serving areas in Lee County:  Alva, Buckingham, North Ft. Myers, Ft. Myers, and Bonita Springs.

Contact me at 239-233-0222

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The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Outcome or results are not guaranteed. The information presented on this website is for advertising purposes only and should not be construed as legal advice. An attorney-client relationship will not be established until we have confirmed our representation of your case in writing.

Florida presents 30 Days of Amazing Children: Explore Adoption!

Florida presents 30 Days of Amazing Children: Explore Adoption! – a statewide initiative featuring children in foster care who dream of being adopted by permanent, loving, forever families. A unique “Amazing Child” available for adoption in Florida will be featured every day during the month of November. To meet all of the featured children click here.

For more information on the Florida adoption process contact an adoption attorney in Lee County that can assist you with your home study, preparation courses, adoption approval, finding the right match for your family, and adoption finalization.

Serving areas in Hendry County: Labelle, Clewiston, Pioneer, Flaghole, Montura, Hooker’s Point. Serving areas in Glades County: Buckhead Ridge, Moore Haven, Lakeport, Palmdale, and Muse.  Serving areas in Lee County:  Alva, Buckingham, North Ft. Myers, Ft. Myers, and Bonita Springs.

Contact me at 239-233-0222

****************************************

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Outcome or results are not guaranteed. The information presented on this website is for advertising purposes only and should not be construed as legal advice. An attorney-client relationship will not be established until we have confirmed our representation of your case in writing.

Don’t Let Mitt Turn Back Time On Women – YouTube

I try not to post hot button issues but this one has struck a chord with so many women. It is a difficult topic to discuss for everyone because everyone carries polar emotions regarding rape and abortion.  However, an issue that faces not just women but every human being that is involved.  This issue does not belong in elections; it belongs and should remain in our own moral compasses.  The freedom to choose is a basic right of personhood.  The freedom to choose is encompassed in who we are as Americans.  A political circus is not the place to discuss these issues nor is it appropriate to sweep under the rug until the next election.  It is an issue that must be addressed and put to bed so that it does not victimize the innocent.

A child is truly a gift.  However, pregnancy and its termination in the instance of rape is also a gift, a gift of choice.  A gift to never again be a victim of her attacker.  If a victim of rape “decides” to bring her child into the world, it should be her choice and no one else’s.  That choice also comes with a terrifying result, which sentences the victim and the unwitting child to a parent relationship with her attacker. Sexual crimes are horrible and the history of sexual offenders prove they do not stop at just one attack.  Soon the child will be a victim of the same attacker if mandated to be a parent to his victim’s child.

I certainly would not want my child to have any kind of relationship with a sexual offender.  Yet family courts, still struggle with this issue and have not found a balance (perhaps, in these cases there is no balance to be made).  Nonetheless, the attacker is a father and with that status comes fatherly rights and obligations.  However, to remove a father from his parental status, the mother of such a child must re-live her sexual attack over and over throughout a long process of family court.  The mother is victimized not just once but over and over and over again.  The mother is sentenced to life of constant contact with her attacker.  The attacker is sentenced to be a father who can now use and victimize his own child to use as a weapon against the mother or worse.

Yes.  This issue is a hot button issue but it is also an issue no one can afford to ignore!

Don’t Let Mitt Turn Back Time On Women – YouTube.

Breaking down Amendment 1

JACKSONVILLE, Fla. — It is one of the most controversial Supreme Court rulings made this year. In June the Affordable Care Act, also referred to by others as “ObamaCare,” became law.
It requires every American to have health care by 2014, and it’s a decision that disappointed voters like Rachel Eddy. “I like that everybody can choose for themselves what they like instead of being told what they need,” said Eddy.   But this November, Florida voters will have their chance to vote against it. “This amendment, in essence, would be Florida’s statement that we do not want to be under the Affordable Care Act,” said law professor, Alan Williams.
To read the full story…Breaking down Amendment 1.

Mary Cosmo

I am a 3L visiting student at Ave Maria Law School in Naples, Florida. My home school is Florida Coastal School of Law in Jacksonville, Florida.  As a Floridian who grew up in rural Pioneer Plantation in Hendry County and involved with 4-H for most of my youth, I am inspired each day by the continuity of my community.  I chose to spend my 3L year in the South West Florida area to strengthen my connection to my home community. After being away from home for my first two years of law school I am truly blessed to be able to spend my last year of law school at home. After graduation, I plan to take the Florida Bar and practice in South West Florida. As a native Floridian and future Florida attorney, I hope to serve the people of South West Florida with the legal competence and integrity Floridians have come to expect.

The first question I am often asked is “Mary, what kind of law would you like to practice?” I still have not perfected an answer to this question because I have so many interests: Land Use Planning, Real Property, Intellectual Property, Family, Consumer, and Criminal Law. Whichever path I choose I am determined to make a difference.

I was drawn to study law during my undergraduate studies at Hodges University.  It was FP&L’s proposal of a coal-fired power plant in my back yard that first sparked my interest, which would have been the largest coal power plant in the United States.  The proposed site was to be in the headwaters to the Everglades, which is already suffering clean water woes.  What began as a research project soon turned into a community standing together to protect their community.  After the Public Service Commission hearing on the impacts of the proposed site, Florida’s rail road infrastructure that would have to be upgraded, the exponential consumer funding for a plant that has yet to be built, and the additional water usage from an already strained water supply (just to mention a few issues) the commission denied FP&L’s application.  Although, I do not consider myself to be an extreme environmentalist, I did learn a great deal about our legal process.  In addition, I realized the important things in life should not be taken for granted. Especially the simple necessities of life like: drinking clean water, eating healthy foods, breathing fresh air and most of all the accessibility to information and the legal process that makes for an informed community and a strong democratic society.

My interests do not stop at environmental and Land Use planning.  I am a creative person at heart, which leads me to the study of intellectual property. Our thoughts, likeness, and creations must be protected to preserve the sense of self, integrity, and personhood.

As a single mother, I am also interested in family law.  I know how sensitive, heartbreaking, and downright important it is to have an attorney who is willing to protect parental rights.  The rights of kids are often limited, in the midst of domestic chaos, which can make a bad situation worse.  However, the right attorney can make a difference by making a bad situation better by always focusing on the best interest of the child.

Consumer and Criminal law has also been a driving force behind my studies.  I feel everyone should at least know there rights and how to protect them. On the civil side, consumers need to be protected and consumer protection laws should be enforced. These laws are enacted for the protection of consumers yet the first advice you hear in legal advertisements when a consumer is being sued for default is to file bankruptcy.  When in fact, there may be other remedies for the consumer that may be a better choice for the consumer in the end.  On the Criminal side, who doesn’t want to be protected by the laws of our society?  Victims deserve justice and the criminals deserve to have a fair trial.

At the end of the day, I am pursuing a legal career to make a difference whether it is in civil or criminal matters.  I aspire to do so with the legal competence and integrity Floridians have come to expect.

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Nothing posted on this web-site is a representation of a legal opinion. Nothing on this web-site is intended to be legal advice. I am not an Attorney. I cannot give legal advice. If you need legal advice, please seek an attorney authorized to practice in your area. The hiring of an attorney is an important decision and should not be done solely based on an advertisement. For an attorney in your area you may contact your local bar association or a legal referral service.

The Florida Bar offers a Lawyer Referral Service that may be contacted at (800) 342-8011, Monday through Friday 8:00 a.m. to 5:30 p.m. or online at http://www.floridabar.org/divpgm/lronline.nsf/wreferral6?OpenForm