Hey everyone! So, I’m helping someone with a rehearing in a divorce case, and we’ve found some new evidence about a hidden Coinbase account. The respondent lied under oath and didn’t list it in their financial affidavits, so now we want to file a motion for a new judgment. But we’re stuck trying to figure out whether we should file a Motion for Summary Judgment or a Motion for Default Judgment… can anyone help explain the difference?
Summary Judgment is when you ask the court to decide without a full trial, usually because the facts are clear. You’d need to show that the evidence is solid and undisputed. Based on your situation, that might be an option, especially with the new evidence you have. But it’s typically filed after discovery or when both sides have had their say. I wouldn’t go with Default Judgment though, that’s usually when the other party just doesn’t respond at all. Sounds like your case is a bit different.
If the respondent has been responding to everything, Default Judgment might not be an option. It’s for situations where someone just doesn’t show up or doesn’t respond to the court’s orders. But if they’ve been in the case, then it’s probably not what you’re looking for. I agree with ABC, Summary Judgment might be more in line with your situation.
Actually, if there’s new evidence, you might also consider filing a Motion to Amend the Judgment for fraud or misconduct. Florida courts let you reopen cases for stuff like that. It might be worth looking into if you want to get this issue addressed. Just a thought.
I think you’re on the right track with the Motion for Rehearing, especially since there’s new evidence. This would let the court reconsider the case with the new info you’ve found. Definitely worth pursuing!
Is there a chance the respondent might have some other hidden assets? If you suspect that, maybe filing a Motion to Compel Discovery could help you get more financial records. Just a thought if you haven’t done that yet.