Legal Question in Civil Litigation in Florida

Florida Foreclosure: Plaintiff voluntarily dismissed, lis pendens released, case closed, court docket closed. Discovery was not completed by plaintiff prior to voluntary dismissal.

Why would plaintiff then file for extension of time to respond to request for discovery as well as filing a response to discovery AFTER the dismissal, thus reopening the court docket?


Asked on 12/30/14, 10:14 am

2 Answers from Attorneys

Joseph Justice The Justice Law Firm

This is a purely speculative guess. There is a massive volume of foreclosure cases being handled by a relatively small number of firms. They can get very disorganized and some are not well run. I am guessing that whoever at the firm was responsible for the discovery may have been different from the one that did the voluntary dismissal and was unaware of the case status. In general no one would respond to discovery on a closed case.

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Answered on 12/30/14, 10:49 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

I think Mr. Justice's guess is accurate. Either that or they simply made a mistake. I would send a letter objecting to the discovery based on the fact that the case is closed AND send the original document to the clerk so it is docketed in your case.

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Answered on 12/30/14, 11:13 am


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