Thursday, July 14, 2011

Pro Se Plaintiff acted in reliance that Defendant was served by former attorney; Now learns no record exists,?

I am a Pro Se Plaintiff. I have acted in reliance that former attorney oversaw that Defendant was properly served. After 11 months -- over 200 pages of filings -- insurance giant is pressing for dismissal. Does Florida case law support the action continuing to go forward? Need a case to cite. I was 1,600 miles away at the time the Statute of Limitations lapsed. I relied on assurances that the Defendant was properly served. Please anyone with access to Westlaw or Nexis Lexis - I urgently need assistance. (I realize that I could go after my former attorney, which would create a whole new malprtactice lawsuit.) ISSUE: When a Pro Se Plaintiff acts in reliance of his former attorney's assurances that his claim is still valid and active; and said former client now acts as a Pro Se Plaintiff in the belief that his claim is secure before the court, and for 11 months files various exhibits, motions, notices, declarations before this Florida court, can the case be dismissed for a flaw not of his making? What past Florida cases are on point? ... I have a life-long injury to my right dominant hand, which has three numb fingers from an airbag injury. Please help. Thanks & Blessings to the entire Yahoo Answers community

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