My question involves court procedures for the state of: FLORIDA
I am the plaintiff. 3 defendants filed motions to dismiss. Two are attorneys, all appeared pro se. The motions were so bad a first year law would be embarrassed. They didn't cite any rule, not one legal citation among them and most of the stuff does not even go into a MTD. These were done months ago and nobody scheduled them for a hearing.
There is another group of defendants including a newspaper, and their attorney and I have been having a paper war.
Recently an attorney filed notice of appearance for the 3. I noticed a couple of strange things on the docket lately and went to the clerks office.
I discovered that without filing a Notice of Hearing, much less serving it, they somehow got a hearing for two of the motions to dismiss. The attorney put in an appearance which the court granted. One of the defendant attorneys claimed that he notified me by telephone. (Mind you, NOT the attorney representing the defendants.)
(TOTAL LIE. The number I gave all of them in an 800 number, all calls are logged and recorded automatically so they are admissible. Caller ID is NOT admissible in Florida.)
I had filed responses with serious case law and they never even replied.
On top of it, this scumbag attorney filed a Rule 57 motion and nobody appearing pro se can get attorney fees. It makes no difference that he is an attorney. Mind you, this attorney was chief assistant state attorney for 8 years and for 10 years has been a special master for the City of Key West.
Luckily our judges are not crooks and he denied the motion and suggested that we all have a case management hearing. The newspapers MTD/exceptions to magistrate's recommendation is scheduled for hearing later, but that isn't going to happen as I have a big trick up my sleave.
THE QUESTION: The attorney now appearing for the three defendants has not filed any MTD or anything to take on the pro se filings. The question: Doesn't this render those motions MOOT? If the defendants filed anything pro se now they would be moot, null and void.
In what form would I bring the fraud upon the court to the attention of the judge and demand a hearing for sanctions?