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Joseph, Lawyer
Category: Legal
Satisfied Customers: 5299
Experience:  Attorney with significant and substantial experience in multiple areas of law.
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Issue: Florida HOA has been served notice for pre-trial hearing

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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?


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.

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Thanks and best of luck!

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