Legal Question in Family Law in Florida
closing an open case
how would you close an open case that I started with an attorney but no longer have an attorney (he has legally withdrawn).
2 Answers from Attorneys
Re: closing an open case
If you do not want to pursue the case, you can file a voluntary dismissal with the court. If the other party contested in any way, you have to get his/her agreement and file a joint dismissal.
Re: closing an open case
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If an answer has not been filed contesting what you plead or a counterclaim, you can file a Notice of Voluntary Dismissal. If the other party has responded, you may have to discuss it with them and file it jointly. If you dismiss your action, and a counterclaim remains open, they can proceed against you and you may have lost your rights to challange what they contend.
Scott R. Jay, Esq.