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Question

The city of course filed a motion to dismiss which I filed back to. Now they want to set a hearing for the motion to dismiss.
I am pro-sae, is it wise to go to the hearing for motion to dismiss when I want to set a hearing for the actual case?

Judy

Submitted: 610 days and 5 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

Optional Information:
clermont, Florida

Posted by Benjamin M. Burt, Jr., Esq. 609 days and 12 hours ago.

Answer

Hello and thanks so much for choosing this forum to pose your important legal question.

Yes, you should most certainly attend the hearing. Having received notice of it, and choosing to skip the appearance, would risk the entry of an adverse judgment against you dismissing your case. Go...this is your opportunity to argue against the dismissal motion, which is a requisite to getting what you want...the setting of a hearing on your case.

If we can be of any further assistance to you, please feel free to use our service again. Best wishes for a successful outcome. I wish you all the best.

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608 days and 21 hours ago.

Reply

Oh ok. I will accept the answer, but my concern was that they were setting a date for the motion to dismiss when maybe I should be setting a date for the actual case. If not and as you say I should be there then its good. But doesnt hearing the motion to dismiss rather than the case put me in a bad starting position?

Judy

Accepted Answer

Hello again and thanks for writing back. I certainly understand what you are saying -- and it makes sense -- but unfortunately the way things work in the legal system do not always make good sense! What I mean to say is that, yes, it would certainly seem more straightforward to just set a date for the hearing on your case. I wish I had better news, but there are actually many motions other than dismissal which could occur primary to the merits of your actual case ever being heard. Depending upon the type of action filed, there will also likely be pre-trial discovery which can eat up a good deal of time, money and effort. You may end up attending to a number of preliminary matters. I do not mean to sound negative or be discouraging, but I want to give you an honest and accurate assessment of what may await you. I hope that everything works out smoothly, and please do not hesitate to contact me with any further questions. Take care and thanks again for using JA!

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Expert: Benjamin M. Burt, Jr., Esq.
Pos. Feedback: 99.4 %
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Answered: 3/23/2008

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