Legal Question in Credit and Debt Law in Florida

Legal Procedure Question

I have a question that I am hoping someone can answer regarding procedure in a Civil Lawsuit. I'm defending a lawsuit (Pro Se) in Florida. The plaintiff filed a complaint/summons and I responded back with a Motion to Dismiss. After about 7 months we had a hearing and the motion to dismiss was denied, and the Judge ordered the Plaintiff to reserve the 20 day Summons/Complaint. We have yet to be reserved with the 20 days Summons and Complaint, but we received a notice of hearing for a Summary Judgment. At this point should we contact the Judges office (in writing, or phone) to alert them that the Plaintiff didn't follow the courts order to reserve the 20 day? Or are there other motions/procedures we can use to our advantage for the case (motion for sanctions, motion to compel, motion to dismiss not following order, etc.). Thank you.


Asked on 12/01/08, 11:06 am

1 Answer from Attorneys
Angelo Marino Angelo Marino Jr. PA

Re: Legal Procedure Question

If you had been previouly served and you motion to dismiss was denied, why would the plaintiff have to file another complaint and summons? My guess is that you have it all wrong. My guess is that you had 20 days to file an answer to the complaint and your failure to do so is allowing the plaintiff to file a motion for sum jud.

Look at the judge's order carefully. Call the other lawyer and ask him what is going on. See a lawyer.

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Answered on 12/01/08, 1:58 pm


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