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FLORIDA LAW Motion to dismiss on ground of the complaint…

Customer Question
FLORIDA LAW Motion to dismiss on...
FLORIDA LAW

Motion to dismiss on ground of the complaint being procedurally inaccurate, was ordered “granted” by the Judge

Having appealed, the Court of appeals states that the order is not a final order, and gives the Appellant 30 days to obtain a final order or case will be dismissed

The best solution I can see is to refile the case correcting the procedural errors

Can this be done or does the order to dismiss preclude me from refilling

Does the dismissal in court of appeals, have any bearing?


In filing a civil commercial case of breach of contract.

1 defendant files a motion to dismiss

2. Plaintiff responds

3. What happens next?

In filing a civil commercial case of breach of contract

1. defendant does not answer

What happens next?


In filing a civil commercial case of breach of contract

1. defendant submits answer

What happens next?

In filing a civil commercial case of breach of contract

1. defendant requests hearing re venue
2. does plaintiff respond in writing or establishes argument at the hearing ?
Submitted: 8 years ago.Category: Legal
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Answered in 1 hour by:
6/27/2010
Lawyer: Joseph, Attorney replied 8 years ago
Joseph
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The original case has been dismissed. As such, you are free to file a "new" complaint that addresses the procedural errors that led to the motion to dismiss.

 

In the situation of the defendant filing a motion to dismiss and the plaintiff responding, the next thing is for the motion to be set for a hearing. While this is the defendant's motion, either party can set it for a hearing. In fact, defendants will often NOT set the motion for a hearing as the mere filing of the motion tolls all time periods. I once filed such a motion and the plaintiff's attorney was ignorant enough of the rules to let it sit for over a year!

 

In the situation of the defendant not responding to the complaint, the next step would be to seek a default. Simply contact your clerk of court and check on whether a default is being entered against the defendant for not responding in a timely fashion.

 

In the situation of the defendant objecting on the grounds of venue, the plaintiff does not need to respond in writing. Instead, the plaintiff can simply make all arguments orally at a hearing on the matter.

 

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Customer reply replied 8 years ago

ONE QUESTION WAS NOT ANSWERED, IF THE DEFENDANT RESPONDS WITH A GENERAL DENIAL

 

DOES THE JUDGE AUTOMATICALLY SET THE CASE FOR TRIAL

 

THANK YOU

Lawyer: Joseph, Attorney replied 8 years ago

My apologies......

 

No, it does not automatically get set for trial. Once the pleadings are closed (the complaint and the answer), then either side can notice the case for trial. To do so, you would simply file a notice stating that the matter is ready for trial.

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