No, it's a case now since the Judge ordered the sh
Post# of 39368
No, it's a case now since the Judge ordered the show just cause on the non service to the court.
The problem the petitioners have is the Judge is currently leaning to the TECO side due to the fact this was his order not a ruling on a motion. It's incumbent upon the petitioners to show why their process service was not filed with the court (just cause) timely. Prima Facie evidence supports a malice conclusion. A malice conclusion allows for punitive damages in civil procedure.
Should the petitioners make it past the show just cause hearing then the Judge will hear Treaty's Motion to Dismiss. The Judge could rule right there or take time to weigh the evidence (review case law, mostly done by staff).
I can tell you right now the Judge will not allow Pro Se litigants to continue this case forward at this point, You must have an attorney and this won't be cheap if you expect to have chance.
First question the Judge will ask the petitioners attorney is, are you the petitioners attorney of record. Meaning, have you signed on to see the whole case to fruition. If the attorney says no, I'm just here for this hearing....it's over.
The Judge knows that petitioners claiming 2m plus would always carry good legal counsel.
Lets get the show cause over with first. It's all up to the Judge.