- At
nearly thirty-seven (37) years of age, HUSBAND is the father of two small,
dependent children with WIFE.
- HUSBAND holds his first master’s degree in a
discipline that he abandoned.
- In ______
of ____, just in time for these anticipated proceedings, HUSBAND managed
to re-matriculate into a previously abandoned graduate program of study in
a second discipline.
- HUSBAND
is presently either completing the requirements for his second master’s
degree or beginning to satisfy the requirements for a PhD in his discipline
of the moment.
- Upon
information and belief, HUSBAND attends only one three (3) credit class, which
meets once per week, and assists only in one one-hour lab per week. Beyond that, upon
information and belief, HUSBAND conducts research at his pleasure.
- Process was served on HUSBAND on ______________________.
- HUSBAND’s response was due for filing with the Clerk on ________________.
- Near
the end of the business day on Friday, ________________, HUSBAND
telephoned undersigned counsel.
- HUSBAND requested thirty (30) days' additional time
to respond to the Petition for Dissolution.
- HUSBAND
promptly volunteered to undersigned counsel the reason HUSBAND needed additional time: his roommate
had not given the Petition (and
other served papers) to HUSBAND until the day of HUSBAND's call to undersigned counsel.
- That very
compelling piece of information is nowhere set forth in HUSBAND’s motion as support for
HUSBAND’s contention of excusable neglect.
- Undersigned
counsel advised HUSBAND that WIFE could not grant the lengthy extension that
HUSBAND had requested.
- Undersigned
counsel, not unsympathetic to HUSBAND's story, did
advise, however, that she would get back to HUSBAND about the possibility
of affording HUSBAND a reasonable extension.
- WIFE's counsel would normally have consented to a reasonable
extension requested timely and in good faith by either a party or his or
her counsel. In fact, WIFE's counsel had so advised WIFE.
- Although
under no duty to do so, undersigned counsel advised HUSBAND that, absent
WIFE’s consent to an extension, HUSBAND should file
with the Clerk, prior to the approaching deadline, a simple motion for
extension if HUSBAND wished to preserve HUSBAND's
rights.
- HUSBAND requested that undersigned counsel get
back to HUSBAND in writing via e-mail.
- Over the ensuing weekend, undersigned counsel was
able to confer with her client.
- Upon
information and belief, HUSBAND willfully plotted to deceive undersigned
counsel for the purpose of getting around the rules of civil and family procedure
and delaying the day of HUSBAND's reckoning in
this Court.
- On
Monday, ___________________, undersigned counsel transmitted to HUSBAND,
via e-mail and regular mail, a letter, a copy of which is attached hereto.
- That
letter recounted, and requested corroboration from HUSBAND's
roommate, of HUSBAND’s account of how his roommate
had withheld the served papers from HUSBAND from ___________ until ____________.
- In
that letter, undersigned counsel made it clear to HUSBAND that, absent the
requested corroboration, WIFE would not consent to delay in the
proceedings because it was detrimental to their children.
- HUSBAND
failed to provide the requested corroboration.
- HUSBAND
did not contact WIFE's counsel again.
- HUSBAND failed to heed undersigned counsel’s verbal
warning to act timely.
- On
___________________________, WIFE, as expressly permitted by Florida Rule
of Civil Procedure ________, moved for a Default against HUSBAND.
- On ______________________, the Clerk entered a Default
against HUSBAND.
- Well
thereafter, on the afternoon of Friday, __________________, undersigned counsel first learned that
HUSBAND had firmly decided to engage counsel.
- At
that time, opposing counsel initiated contact with undersigned counsel by
leaving her a brief voice mail message referring to the motion for default,
as though it were still pending.
- Undersigned
counsel promptly returned opposing counsel’s call early in the next
business day on Monday, _______________________.
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