Legal Question in Family Law in Florida
I have an ongoing child support case. I filed a motion to dismiss, had the other party served by the sheriff�s office, the summons required a response within 40 days. No response was ever filed.
I then filed a motion for default along with the order for default and the clerk of the court enters both into the record and a default was entered.
The judge overseeing the case has been on the bench for less than 8 months has no idea what he�s doing, and continues to make orders in the case.
My question is this:
Once a default is entered on a motion to dismiss, the judge lost his jurisdiction to make orders in the case with exception on entering the order for dismissal, and or until the motion to set aside the default is filed. But for all intent the case is dead.
What authority can I site to this judge to shut him down? Any case law ?
1 Answer from Attorneys
You can't get a dismissal by default. Only a petition can be defaulted upon, not a motion. Your motion would have to be set, and the judge would have to rule whether the case could be dismissed. If the judge has dismissed the case and an order of dismissal (not default) has been entered, you're probably right, the judge has lost jurisdiction.
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