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Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5299
Experience:  Attorney with significant and substantial experience in multiple areas of law.
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Follow up to dismissal question and 720.311. Is it possible

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Follow up to dismissal question and 720.311. Is it possible to file a motion to dismiss before our pre trial hearing? How likely is a dismissal in your opinion? Thanks
Hello,

Yes, you can file a motion to dismiss prior to the hearing, or you can just make the motion at the hearing. Small claims court is more flexible than regular civil court in that regards.

I think dismissal would be likely since the correct protocol was not followed in trying to resolve the situation through pre-litigation mediation before filing suit.

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Customer: replied 3 years ago.

Hi Joseph, Sorry to ask so many questions on this.... If we file a motion to dismiss should we also file the "Answer" to the counts in the same brief or can we just file a motion to dismiss base on not following Fl. State Statutes on mediation?
Thanks, BC

Hello Bob,

No worries.

Since this is small claims court, you can either file the answer to the counts in the same brief or wait to court to see if the motion to dismiss is granted.

In regular civil court, it would be best to file the motion and the answer separately.
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Customer: replied 3 years ago.


Thanks Joseph. Does "Justanswers" ever look over a simple "dismissal" request or an "answer"? What would the cost be for that? I know attorney client privelage would not apply but am just looking for feedback.... If it is to far out of scope I understand.


 


Bc