Florida Divorce Case:
Filed ex-parte notice production, prepared actual subpoena to be served.
The ex-parte filed and objection based on the face that the notice didn't arrive with a fully executed subpoena as per rules of fl procedure mandate I wait 15 days for service of notice before clerks office will sign & seal.
My question is do I move straight to contempt? or will clerk issue subpoena regardless?
this question came to be as an employee of the Town of Winderemere, was hired by my soon to be ex to prepare his tax returns. I have 2 certified court documents submitted to the docket himself of a hire confirmation email sent to him by Winderemere employee the other certified document submitted by my ex stating whom he hired.
Upon receipt of ex-parte objection, I immediately noticed city employee claims services were never exchanged, despite previously submitted documents by my ex CLEARLY show otherwise.
ps. this city employe is governed by town handbook and I believe she violated protocol in seeking outside employment with the town managers PRIOR approval!!
Answer
If you did not give the other side notice of the subpoena as the rules require then you have to start over. Use of a lawyer is recommended.
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