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INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 53804
Experience:  Licensed attorney helping individuals and businesses
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A Summary judgement was entered with no answer to Complaint.

Customer Question

A Summary judgement was entered with no answer to Complaint. I hired an Attorney and she ate up my retainer and never answered Complaint, she did file Notice of Appearance. I would like to have a rehearing to Quash. I filed a motion, Verified Motion to Quash Service and it was denied. If I can with good case law to try Quash Service again. So I would like to have a rehearing on Summary Judgement and Quash service. need to put motion together with case law so I can get Summary Judgemaent reversed or Win on The Quash of service..Under defects in Service in General. Defendant who fails to contest sufficiency of service of process at inception of case, whether by motion or responsive pleading, has waived that defense once he has entered general appearance. Wests F.S.A RCP Rule 1.140(h)(1). Should I be punished for an Attorney screwing me without filing an answer ?
Submitted: 5 years ago.
Category: Legal
Expert:  INFOLAWYER replied 5 years ago.
Hello,

I am a legal expert at Justanswer. I have reviewed your question and will be helping you today.

You can usually have the court vacate the order due to law office failure. Normally that is granted.

On rare occasion it is not, you can sue the lawyer for legal malpractice and recover through lawyer and insurer.

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Customer: replied 5 years ago.
How can I have motion granted on the attorney negligence. What case law ?
Expert:  INFOLAWYER replied 5 years ago.
You would submit a motion supported by affidavit citing to law office failure. The judge will not be looking for case law support as it will look for specific allegations of the lawyer error. If you lost on default and were represented, it would find it hard to hold that default against you as a party.

I hope you found the answer fast and straightforward. Please remember to click ACCEPT - as it is the only way I get credit and paid for your answer - even if you have a deposit or membership with justanswer.

If you need any clarification or other information, just click REPLY before or after you click accept. I am happy to follow up to your satisfaction! On very rare occasion, there may be a delay between responses if I am taking a break or helping other customers.

Leaving a BONUS is always appreciated! Positive Feedback is also very much appreciated.

I wish I could always provide good news to customers but sometimes that is not the case. I prefer and you deserve no less than the truth. Telling you what you want to hear is irresponsible of me and unfair to you so please keep that in mind. That said, even in a bad news situation, I try to give options if they exist.

You can always request me in the future - just begin the question with “This Question is for INFOLAWYER…”