Legal Question in Civil Litigation in Florida

I had an eviction with damages dismissed because I didn't get the defendant's answer in time to reply/ answer her claims. Is there any way to get the case reopened? Or what do I have to do to get the judge to consider reopeni9ng the case. The tenant is out, but has caused over $1000 in damages. I'd like to at least get a final judgement, with possible future collection.


Asked on 12/27/09, 11:13 pm

2 Answers from Attorneys
Sarah Grosse Sarah Grosse, Esquire

You file a Motion to Set Aside Default, in which you explain why your default is excusable.

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Answered on 1/02/10, 3:49 am
David Slater David P. Slater, Esq.

If the dismissal was not "with prejudice", you can start a separate small claims action for the $ damage.

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Answered on 1/04/10, 5:51 am


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