How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joseph Your Own Question
Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5299
Experience:  Attorney with significant and substantial experience in multiple areas of law.
54899578
Type Your Legal Question Here...
Joseph is online now
A new question is answered every 9 seconds

Issue: Florida HOA has been served notice for pre-trial hearing

This answer was rated:

Issue:
Florida HOA has been served notice for pre-trial hearing in small claims court by a member.

Two questions:
1) 720.311(2) F.S. requires presuit mediation.
Can we ask for dismissal on that basis as the plaintiff has not requested mediation first?

2) Do we need to file an "Answer" to the counts ahead of time? If no is it still better to file ahead of time?

Thanks
Hello,

I'm sorry to hear about your situation and hope I can help.

My name is XXXXX XXXXX my goal is to provide you with excellent service today.


1) Yes, you are correct. Pre-lawsuit mediation is requried under 720.311(2) F.S. You can request that the case be dismissed since the plaintiff did not request pre-trial mediation first before suing the HOA.

2) No, it isn't necessary to file an answer to this notice. Answers are only required in response to complaints in regular court hearings. However, it is fine to file an answer ahead of time, and you can bring up the fact that there was no attempt to engage in pre-lawsuit mediation, and the case should be dismissed for violating 720.311(2) F.S.


I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Joseph and 2 other Legal Specialists are ready to help you