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Its a lawsuit for country cklub dues. Im looking up how to…

Customer Question
Its a lawsuit for...

Its a lawsuit for country cklub dues. Im looking up how to extend the summary judgment for trial. I rec the notice yesterday and the court is on Thursday for summary judgment

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Not employment its a country club lawsuit

Submitted: 8 months ago.Category: Employment Law
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Answered in 1 minute by:
12/19/2017
Employment Lawyer: DrakeLAW, Lawyer replied 8 months ago
DrakeLAW
DrakeLAW, Lawyer
Category: Employment Law
Satisfied Customers: 1,038
Experience: Attorney
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Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

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Employment Lawyer: DrakeLAW, Lawyer replied 8 months ago

What do you mean by extend the summary judgment for trial? Did the other side file a motion for summary judgment?

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Customer reply replied 8 months ago
I rec the notice yesterday for court this Thursday. I want to extend it so I can figure out what to do
Employment Lawyer: DrakeLAW, Lawyer replied 8 months ago

What is the notice for? An oral argument? When was the motion for summary judgment filed?

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Customer reply replied 8 months ago
It was to show up in court
Customer reply replied 8 months ago
Yesterday I rec the motion for summary judgement
Customer reply replied 8 months ago
If I scan the motion to extend summary judgment can you prepare today a motion to extend
Customer reply replied 8 months ago
Hello......
Employment Lawyer: DrakeLAW, Lawyer replied 8 months ago

Well that is strange they filed the motion and you already have to go to court for it. Yes, it would be helpful to see the documents. I can assist with drafting, but it is an extra fee.

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Customer reply replied 8 months ago
I can scan and send it how much to prepare a motion to extend??
Employment Lawyer: DrakeLAW, Lawyer replied 8 months ago

Ok, please scan and attach it. I can then discuss fees once I see what is going on.

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Customer reply replied 8 months ago
Ok I’ll scan and send
Customer reply replied 8 months ago
what is your email to send you the motion
Employment Lawyer: DrakeLAW, Lawyer replied 8 months ago

We have to do the documents through here. Please attach the motion.

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Customer reply replied 8 months ago
I sent them not sure all 3 pages went thru
Employment Lawyer: DrakeLAW, Lawyer replied 8 months ago

All I got were the Certificate of Service two times.

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Customer reply replied 8 months ago
did you get page 2 & 3
Employment Lawyer: DrakeLAW, Lawyer replied 8 months ago

It is a motion for default judgment, not summary judgment.

Did you file a response to the lawsuit?

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Customer reply replied 8 months ago
No
Customer reply replied 8 months ago
I have filed a few extensions
Customer reply replied 8 months ago
I put my home up for sale I need a coupl of months
Employment Lawyer: DrakeLAW, Lawyer replied 8 months ago

So were you given a deadline to file an answer by? I don't think filing for an extension at this point will be beneficial. I am not sure what you want to extend? The court hearing itself?

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Customer reply replied 8 months ago
I need time
Employment Lawyer: DrakeLAW, Lawyer replied 8 months ago

I see. Well did you file motions to extend before? Why not just do the same?

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Customer reply replied 8 months ago
I can but this appears to be a different motion from the attorney. Can you prepare a motion to extend
Employment Lawyer: DrakeLAW, Lawyer replied 8 months ago

Yes, a motion for default is different. It sounds like they are going to get a default judgment. I don't think a motion to extend is appropriate so I would not want to do that.

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Customer reply replied 8 months ago
what is my best way to put this off
Customer reply replied 8 months ago
Is there anyway to get this extended??
Employment Lawyer: DrakeLAW, Lawyer replied 8 months ago

I would say something different if they hadn't filed a motion for default. I will check if there is anything you can do.

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Employment Lawyer: DrakeLAW, Lawyer replied 8 months ago

Alright I reviewed. Did you get the Application for Default and do you know if Default has been entered yet?

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Customer reply replied 8 months ago
I haven’t rec any app for default. I haven’t entered a default.
Employment Lawyer: DrakeLAW, Lawyer replied 8 months ago

One must have been filed. Please call the clerk and ask or look online if you can. We need to know if an application for default has been filed and if default has been entered. That will dictate what to do next. I need to step away briefly but will return.

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Customer reply replied 8 months ago
I’m not aware of anyone putting in a default. As to the app for default I never sent any or filled out any form as such. If the other side did I wouldn’t know. Tried calling clerk but the hold was forever. I can go to the my palm beach and look for it but I really don’t know where to find it.
Customer reply replied 8 months ago
Can you tell me how to look up if there was a default entered. I went to the mypalmbeach.com but candidly I do not know how to find it.
Employment Lawyer: DrakeLAW, Lawyer replied 8 months ago
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Customer reply replied 8 months ago
Search CriteriaLast Name / Company Name:MusikerFirst Name:DavidCitation Number:50-2017-cc-008661Court Type:County CivilCase Type:All - Case TypesName Search Type:Starts With Name SearchAny case that is highlighted yellow within the search results has an open warrantSearch ResultsNo search results found for the criteria entered. Modify your search criteria by selecting the Search Criteria tab.
Customer reply replied 8 months ago
Case Number: 50-2017-CC-008661-XXXX-SB
Case Style: BROKEN SOUND CLUB, INC. V MUSIKER, DAVIDSearch CriteriaSearch ResultsCase InfoParty NamesDockets & DocumentsCase FeesCourt EventsTo view a document, click on the document icon Open Document in the left column.Documents with a lock icon Locked document are viewable on request (VOR) to protect confidential information. Click on the lock icon Locked document to request the document. VOR documents are reviewed and then generally become available online within three business days of request.A clock icon In process document means a VOR document is ‘In Process’ and being reviewed. Click on the clock icon In process document to request email notification when the document becomes available online.
Public =VOR =In Process =Page Size: 10 25 50 100 AllDocket NumberEffective DateDescriptionNotes1 08/11/2017 NOTICE OF APPEARANCE CIVIL
2 08/11/2017 SUMMONS ISSUED***@******.***;*****@******.*** DAVID MUSIKER
3 08/11/2017 SUMMONS ISSUED***@******.***;*****@******.*** DONNA MUSIKER
4 08/11/2017 COMPLAINT FB ATTY FOR PLTF.
5 08/14/2017 DIVISION ASSIGNMENT RD: South Branch County Civil Division - RD (Civil)
6 08/14/2017 PAID $320.00 ON RECEIPT(###) ###-####$320.00(###) ###-####Fully Paid
7 09/01/2017 SERVICE RETURNED (NUMBERED) DONNA MUSIKER SERVED 8/28/17
8 09/01/2017 SERVICE RETURNED (NUMBERED) DAVID MUSIKER SUBSTITUTE SERVED 8/28/17
9 09/22/2017 MOTION FOR EXTENSION OF TIME TO FILE A RESPONSE F/B DFT
10 09/25/2017 ORDER GRANTING DFT'S MOTION TO EXTEND TIME TO FILE A RESPONSE - GRANTED (R. CORLEW) DTD 9/25/2017 DFT'S MOTION TO EXTEND TIME TO FILE A RESPONSE - GRANTED (R. CORLEW) DTD 9/25/2017
11 11/01/2017 MOTION FOR EXTENSION OF TIME TO FILE A RESPONSE - F/B DEFT
12 11/03/2017 ORDER GRANTING DEFENDANT'S MOTION TO EXTEND TIME TO FILE RESPONSE DTD 11/03/17 JUDGE CORLEW DEFENDANT'S MOTION TO EXTEND TIME TO FILE RESPONSE DTD 11/03/17 JUDGE CORLEW
13 11/03/2017 E-FILED DUPLICATE FILING ORDER GRANTING DEFENDANT'S MOTION TO EXTEND FILE TO FILE A RESPONSE DTD 11/03/17 JUDGE CORLEW
14 11/03/2017 ORDER GRANTING DEFENDANT'S MOTION TO EXTEND TIME TO FILE A RESPONSE - GRANTED - CORLEW DTD 11/3/17 DEFENDANT'S MOTION TO EXTEND TIME TO FILE A RESPONSE - GRANTED - CORLEW DTD 11/3/17
15 12/14/2017 MOTION FOR DEFAULT JUDICIAL AGAINST DAVID MUSIKER AND DONNA MUSIKER - F/B PLT
16 12/14/2017 NOTICE OF HEARING ON DEC 21, 2017 @915A RM 6 F/B PLT
Employment Lawyer: DrakeLAW, Lawyer replied 8 months ago

Good. There you go. So, a Motion for Default judgment was filed on 12/14. Did you get a copy of it?

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Customer reply replied 8 months ago
All I rec was the 3 pages I sent you and also was this document.
PLAINTIFFS MOTION FOR JUDICIAL DEFAULT AGAINST DEFENDENTS
Employment Lawyer: DrakeLAW, Lawyer replied 8 months ago

Right, so that is the Motion for Default. I really don't think you will get another extension at this point. You can still file an answer before default is entered. Why don't you just do that? The case is still going to take a long time.

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Customer reply replied 8 months ago
Can you help me with that
Customer reply replied 8 months ago
Can you help me with a reply to the suit??
Employment Lawyer: DrakeLAW, Lawyer replied 8 months ago

Yes I can tomorrow morning. Can you send me a copy of the complaint?

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Customer reply replied 8 months ago
I can email the complaint.
What’s the cost?
How do we enter the reply to the complaint?
Do we email the reply or have to make a court appearance tomorrow 9am??
Employment Lawyer: DrakeLAW, Lawyer replied 8 months ago

You would be taking your chances to not show up for the hearing. The better thing to do would be to contact the lawyer and after you file the answer, he probably won't want to go to the hearing either if you file.

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Customer reply replied 8 months ago
Cost?
Employment Lawyer: DrakeLAW, Lawyer replied 8 months ago

Hard to say without seeing the complaint but I would say $150.

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Customer reply replied 8 months ago
would you need by laws & exhibits or just the complaint??
Employment Lawyer: DrakeLAW, Lawyer replied 8 months ago

Perhaps bylaws and exhibits. Hard to say without seeing the complaint.

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Customer reply replied 8 months ago
BTW- If I get thwe complaint over now can I get it before 5 EST, we are 3 hours behind if I email the answer to the complaint I need him to see it today
Employment Lawyer: DrakeLAW, Lawyer replied 8 months ago

Yes I can.

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Customer reply replied 8 months ago
Im ready to send you the complaint but I was told because there is a motion for judicial judgment that the Motion would need to be overturned first, is that correct?
Employment Lawyer: DrakeLAW, Lawyer replied 8 months ago

The rule says that an answer can be filed before default is actually entered. It also says that default needs to be applied for and I was assuming that was the Motion since I didn't see a separate Application on the docket. I also did not see on the docket that default had been entered and that's why I thought a call to the Clerk's office might be best to confirm whether it had or not.

You may want to consult with a local lawyer for specific legal advice.

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Customer reply replied 8 months ago
Local says you have to first defend the motion for judicial judgment
Employment Lawyer: DrakeLAW, Lawyer replied 8 months ago

Well I would go with that then.

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