Legal Question in Civil Litigation in Florida

Missed Mediation Because Hospitalized

The judge ordered mediation in a foreclosure. The day before mediation, I was hospitalized. I had to stay for tests and couldn't leave until my blood pressure (260/120) was safe, which was the next evening. The plaintiff's attorney immediately scheduled a motion for summary judgment for October. I called to reschedule mediation, but the attorney adamently refused stating that I had missed. I was sick, upset, and crying, but the attorney yelled at me, saying there was absolutely no way she would reschedule. Later the attorney discovered the judge would be out of town for October and rescheduled the summary jugement for Nov. 12. Even later she called mediation to reschedule mediation. Because of my condition my doctors scheduled more tests and hospital appointments throughout October. Now I am not available until November. If she had agreed to reschedule in the first place, we could have gotten it done. But at this point, I will not be physically or mentally ready. I feel this attorney acted outrageously by refusing mediation and is now prejudicing my case by putting me in the position of ''appearing to delay mediation'' after finding out the judge will be out of town. Please, any advice.


Asked on 10/03/01, 1:29 am

1 Answer from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Missed Mediation Because Hospitalized

This response is untimely, but I hope it is still useful. You need to hire a lawyer. Depending on the circumstances, mediation may not be mandatory and you will not be able to compel the plaintiff to attend mediation if plaintiff has a basis to prevail on a final summary judgment motion. If there are any issues of material fact in dispute, then you can introduce those disputed material facts in an effort to persuade the court to deny the summary judgment motion. You have to file a response with a supporting affidavit setting forth the reasons why the summary judgment motion should not be granted, which reasons should include the issues of material fact that remain in dispute. File it at least 5 business days prior to any hearing on plaintiff's motion for summary judgment, and provide the judge with a courtesy copy of your response.

Seek the advice of counsel and good luck. If your equity interest in the property is significant, you don't want to lose your property.

Read more
Answered on 11/14/01, 6:18 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Florida