Legal Question in Administrative Law in Florida

time

Can you please give me some information on rules of procedure if an attorney files a motion to dismiss and the plaintiff opposes this motion and almost 10 months have gone by with out any answer to the motion what is the next step and who has to take that step.

I've been waiting for the judge to answer the motions submitted but no answer in the past 10 months is there anything I can do or request to be done?


Asked on 10/10/05, 8:45 pm

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: time

Watch out!!!! The Rules of Civil procedure provides that if there is no record activity on a case for one year, the case may be dismissed. Just because a motion is filed does not mean the court will even know about it. If you want the motion heard, then you need to (1) Call the judge and find out when the judge's motion calendar is; (2) call the other attorney and coordinate a time to go to the court and have the motion heard; (3) at the hearing the judge will then make a ruling and enter an order. More than likely you will need to place the motion on hte 5 minute "motion calendar" whcih is usually conducted at 8:45, but ask the court to tell you. If you need the form for a "Notice of Hearing" go to the court and get one. Good luck,

Randall Gilbert

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Answered on 10/11/05, 5:33 pm


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