The Due Process Clause guarantees more than fair process…

THESE JUSTICES WERE BOUND BY THE DUE PROCESS CLAUSE
court-of-public-opinion-2015

By thefitparentsrights

…and the “liberty” it protects includes more than the absence of physical restraint. (citations omitted). (Due Process Clause “protects individual liberty against ‘certain government actions regardless of the fairness of the procedures used to implement them’ ”) (quoting *720 Daniels v. Williams, 474 U.S. 327, 331, 106 S.Ct. 662, 665, 88 L.Ed.2d 662 (1986)). The Clause also provides heightened protection against government interference with certain fundamental rights and liberty interests. Reno v. Flores, 507 U.S. 292, 301-302, 113 S.Ct. 1439, 1446-1447, 123 L.Ed.2d 1 (1993); Casey, 505 U.S., at 851, 112 S.Ct., at 2806-2807. In a long line of cases, we have held that, in addition to the specific freedoms protected by the Bill of Rights, the “liberty” specially protected by the Due Process Clause includes the rights to… to have children, Skinner v. Oklahoma ex rel. Williamson, 316 U.S. 535, 62 S.Ct. 1110, 86 L.Ed. 1655 (1942); [and] to direct the education and upbringing of one’s children, Meyer v. Nebraska, 262 U.S. 390, 43 S.Ct. 625, 67 L.Ed. 1042 (1923); Pierce v. Society of Sisters, 268 U.S. 510, 45 S.Ct. 571, 69 L.Ed. 1070 (1925);…

Our established method of substantive-due-process analysis has two primary features: First, we have regularly observed that the Due Process Clause specially protects those fundamental rights and liberties which are, objectively, *721 “deeply rooted in this Nation’s history and tradition,” id., at 503, 97 S.Ct., at 1938 (plurality opinion); Snyder v. Massachusetts, 291 U.S. 97, 105, 54 S.Ct. 330, 332, 78 L.Ed. 674 (1934) (“so rooted in the traditions and conscience of our people as to be ranked as fundamental”), and “implicit in the concept of ordered liberty,” such that “neither liberty nor justice would exist if they were sacrificed,”(citations omitted).

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Is There a Difference Between Motioning for Reconsideration or Rehearing?

Ask any civil trial lawyer in Florida how many days one has to move for rehearing of an order simply granting a motion for summary judgment, and the odds are good the lawyer will respond, “Ten days.” Pursue the matter further with the lawyer, and ask where this 10-day period is set forth in the Florida Rules of Civil Procedure, and the lawyer will invariably point to Rule 1.530, which by its title governs motions for new trial and rehearing.

Rule 1.530, however, provides that a motion for rehearing must be served no later than 10 days after “the date of filing of the judgment in a non-jury action.”1 An order simply granting a motion for summary judgment is not a final judgment; rather, it is a nonfinal order.2 So, too, are myriad other orders entered by a trial court before final judgment. Attorneys in Florida nevertheless regularly file “motions for rehearing” directed to such nonfinal orders. Often they believe they must do so within 10 days. Sometimes they also believe that such a motion tolls the time to seek appellate review of the nonfinal order.

Motions for rehearing of nonfinal orders are not authorized by the Florida Rules of Civil Procedure.3 Noting that motions for rehearing are exclusively governed by Rule 1.530, the Florida Supreme Court has observed that “[u]nless the filing of a motion for rehearing to an interlocutory order is authorized by a rule of court promulgated by the rule-making authority, then its filing is improper.”4 Indeed, it is not unheard of for an attorney to file a motion for “rehearing” of a nonfinal order and subsequently be confronted with a response from the other side echoing the court’s language and declaring that such motions are unauthorized and improper.

Yet while the rules of civil procedure themselves do not authorize motions for rehearing directed to nonfinal orders, a trial court does have the inherent authority to reconsider and alter or retract such orders prior to the entry of final judgment.5 Rather than constituting a motion for rehearing under Rule 1.530, a motion directed to a nonfinal order is actually a “motion for reconsideration” based upon this inherent and discretionary authority of the trial court.6 Despite this distinct and well-established basis for reconsideration of interlocutory orders, there still exists confusion among many practitioners about the differences between reconsideration and rehearing.

Much of the confusion stems from the fact that parties and the courts frequently use the terms interchangeably, at least in the context of motions directed at nonfinal orders. This is perhaps understandable given the lack of any rule-based authority for reconsideration of nonfinal orders; the articulation of the trial court’s inherent authority has of necessity come through the development of the common law. An attorney will, therefore, only be aware of the basis for reconsideration — as well as its effect on any subsequent appeal — from the case law.

Common Law Origin of Motions for Reconsideration

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Forced into a corrupt family court system that functions to drain our money, time and future.

familycourt25242b21Support Anonymous Family Court
Petition · Change.org

Stop Complying - 2016We are parents, grandparents and children forced into a corrupt family court system that functions to drain our money, time and future.

When we speak up we are retaliated against by a system of lawyers and judges who take our children, our property and our dignity in an effort to silence us.

We are not fighting the fight they want anymore. We will not have moms fight against dads. We will not force children in the middle to broker solutions for adults.  We are not asking.   Expect Us.

For every good judge and lawyer, who helped, you will be praised. For every Anonymous whistle blower or Ghost Squad Hacker who helps us speak up and protect families and children, you will be thanked by  the success you help create.DivorceCorp - Family Court Bankruptsy - AFLA Blog 2016

Continue reading Forced into a corrupt family court system that functions to drain our money, time and future.

Divorce is a $50B Business

Know the Industry!Dr. Drew Pinsky on Bloomberg TV, Jan 14, 2014

Child Trafficking American StyleGet in Line - 2016

Shocking Facts On Child Support Costs

REFORM CHILD SUPPORT NOW FLORIDA - 2016LET’S MAKE CHILD SUPPORT REFORM HAPPEN

Watch the latest YouTube Video from Divorce Corp on Child Support Costs, then read the letter below from Vicky Turetsky of the OCSE, and share both with your state elected officials.

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DL Suspension No Passport Incarceration -Child Support- 2016This DCL is available on the OCSE website:

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Bullied to Death ~ The Chris Mackney Story

 

Remember the Chris Mackney story we wrote about in April?

This unbelievable true story of murder, corruption, and the suicide of a broken man driven crazy by our family court system now has a Facebook page.
7aac2-fathers2band2bfamily2bcourts2b-2b2015

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The psychological effects of divorce.

Originally posted on Civil Rights in Family Law Florida: The psychological effects of divorce may touch divorcees, children, family and friends. Related articles It’s a trillion dollar industry… —  American Fathers

Fatherless Day Rallies In Every State and Across The Globe!!

Originally posted on Civil Rights in Family Law Florida:  – ALABAMA Alabama 2nd annual Fatherless Day Rally June 17th at 9AM 600 Dexter Ave Montgomery Al, 36130 Come out as we rally together… — American Fathers 

Science of Dads.

Psychological sciences at Kent State University, is one of a growing number of researchers to examine the manner in which fathers interact with their children. Her work is giving new insight… 

Children’s Rights : 3000.

Originally posted on World4Justice : NOW! Lobby Forum.:  Over the years I have been most inspired by the work of …

This is an EQUAL RIGHTS issue!

Where Fathers, Mothers, GRANDparents and Children from all 50 states will be uniting at their State Capitols to demand a change in Family law. This is an EQUAL RIGHTS issue and OUR Children … 

Families will be destroyed under the guise and by immunity bestowed upon Family Court Judges

PRESS RELEASE: Bill Scheidler, candidate for representative, district 26, position 1, states his platform | Corrupt Washington This is the vicious cycle of corruption, which can be illustrat…

Your Raising a Human Being NOT an Inconvenience

Originally posted on Civil Rights in Family Law Florida: Dearest Daughter, I love you so much.  Yesterday I gazed out the window watching fireworks and was really missing my angel but I cann… 

The family courts in the United States are biased against fathers.

– ALABAMA – ALASKA  – ARIZONA – CALIFORNIA – COLORADO – CONNECTICUT – FLORIDA – ILLINOIS – INDIANA – KANSAS – MARYLAND – MASSACHUSETTS  – MICHIGAN – MONTANA – NEVADA – NEW JERSEY – NEW YORK …

Women for Men

Remember the Chris Mackney story we wrote about in April? This unbelievable true story of murder, corruption, and the suicide of a broken man driven crazy by our family court system now has a Facebook page.

Please visit, read and be active on the site.

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How to Re Establish Parental Rights Custody of a Child

Just as we encourage parents in intact families to share care of their children, the social science evidence on the development of healthy parent–child relationships, and the long-term benefits of healthy parent–child relationships, supports the view that shared parenting should be the norm for post-divorce parenting plans for children of all ages, including infants.

The first installment of a three-part series examining (1) the impact of parental alienation on children, (2) the effects of parental alienation on parents, and (3) programs, services and interventions that combat alienation and seek to reunite estranged parents and their children. What children of divorce most want and need is to maintain healthy and strong relationships with both

Research Consensus Statement on Co-Parenting After Divorce

Psychology Today

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The Court of Public Opinion

SUPPORT OUR CAUSECauses - World4Justice - Lobby Forum- Justice4Children 3- 2015

· Parental Alienation Dynamics ·

Let no good deed go unpunished.

Support Judge Gorcyca - Parental Alienation is Child Abuse - 2016With good intentions Judge Gorcyca acted in the best interest of children. Now that a judge has finally listened, we must stand and rally.   Pathogenic parenting is a child protection issue NOT a ‪#‎childcustody‬ issue. When addressing ‪#‎PathogenicParenting‬, mistakes can and will be made attempting to do the right thing. Mistakes can be fixed. When it comes to a parent emotionally and psychologically abusing children through ‪#‎ParentalAlienation‬ and hostile aggressive parenting, “there is no right way to do the wrong thing.”thankyoujudge

Child Pic - Alienation - 2015CL: If you are a parent that has to deal with lies that have been untested, interference by the custodial parent and a full campaign of hatred from 912271_10200955834245978_229810325_nyour kids and the ex, you need to speak up on behalf of this judge. We don’t just encourage you to read these posts, we encourage action. It is only by protecting the vulnerable judges who on occasion get it right and that do punish alienation can we send a message to the entire judicial bench that we are sick of it.

Continue reading The Court of Public Opinion