Legal Question in Business Law in Florida
what does it mean when it states oredred and adjudged that the motion is hereby granted and defendants answer and affirmative defenses as filed shall constitute a timely response to the complaint. the motion was to vacate default
4 Answers from Attorneys
It means that the default was set aside and the answer stands as the response to the complaint.
It means the lawsuit is on-going. The defendant didn't answer in time, and the court entered default judgment (plaintiff won, defendant lost); then, the court vacated the default judgment (plaintiff didn't win, defendant didn't lose), and the case goes on.
Depending on whether you are the Plaintiff or Defendant, that is either good news or bad news. What has happened is that a lawsuit has been filed against the defendant, who then had 20 days to file an answer after being served. The Defendant did not do so, and the Plaintiff sought and was given a default. The Defendant then asked the Court to overturn the default for some reason, and the Court did so. The Defendant has now filed an answer and affirmative defenses (which are the legal equivalent of "yes, but...."). In other words, the lawsuit is now on, and the two sides have to fight it out.
If you have any other questions, or would like to discuss the matter further, please do not hesitate to contact me at your convenience.
It means that they granted the motion to set aside the default. The answer was accepted, so now the case will move forward. Check the Florida Rules of Civil Procedure or contact an attorney for further help. Regards,
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