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ProSe IVD Respondents Motion Vacate
ProSe IVD Respondents Motion Vacate
INSTRUCTIONS
Please read all instructions carefully before completing the form.
1. The purpose of a Motion to Vacate is to ask the judge to set aside or annul an
order or judgment if the judge finds it is improper.
2. Filing a Motion to Vacate is proper when a party wishes to contest the circuit
judge’s Final Order Approving a Child Support Enforcement Hearing Officer’s
Recommended Order. Fla. Fam. L. R. P. 12.491(f).
3. A party wishing to contest the order must file a Motion to Vacate within ten
(10) days after the circuit judge enters the Order approving the Hearing
Officer’s Findings and Recommended Order. Late motions will be denied
as untimely.
4. If a Motion to Vacate is timely filed, the circuit judge will review the entire
record, which consists of the court file, a written transcript of the proceedings,
and all depositions and evidence presented to the hearing officer. Fla. Fam.
L. R. P. 12.490(h).
5. The party filing the Motion to Vacate must provide a transcript of the
proceeding.
6. The court does not provide written transcripts of any proceedings. See
the 12th Judicial Circuit website at www.jud12.flcourts.org for information on
how to order audio recordings of hearings and request a list of local
transcriptionists with whom you may contract for a written transcript.
7. The court will consider the evidence and determine whether under the law
and the facts the court is justified in entering an order approving the hearing
officer's recommended order. If not, the court may enter its own order on the
evidence or refer the case back to the hearing officer for further proceedings
consistent with the circuit judge’s findings.
8. The Motion to Vacate must be filed within ten (10) days after the date the
final order or judgment was filed. Late motions will be denied as
untimely.
MAS 10/08
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR _______________, COUNTY, FLORIDA
(Family Division)
_________________________________
Petitioner,
VS. Case No.
__________________________________
Respondent.
____________________________________/
THE UNDERSIGNED party moves the Court for an order vacating an order of the Court.
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MAS 10/08
Other Party: Child Support Enforcement/DOR Attorney:
Name______________________________ Name______________________________
Address____________________________ Address____________________________
___________________________________ __________________________________
City State Zip City State Zip
Telephone No._______________________ Telephone No._______________________
Fax No. _____ Fax No._____________________________
The following section must be completed by you. A return address or P.O. Box is required.
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN
THE BLANKS BELOW:
I, (name of nonlawyer) ______________________________________, a nonlawyer, located at
(Street)___________________________________ (city) ________________________ (state)
____
(Phone)_________________, helped (name) __________________________, who is the
[Check one only] ____petitioner or ____respondent, fill out this form.
form.
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MAS 10/08