Legal Question in Civil Litigation in Florida
Motion to Dismiss
If am a Pro Se plaintiff in a civil case. On May 21 the defendant filed a counter complaint and at the same time filed Defendant�s Answer, Affirmative Defense and Motion to Dismiss. I then filed Plaintiff�s Answer, Affirmative Defense and Answer to Motion to Dismiss.
My question is: Since the defendant has filed a Motion to Dismiss, but has not scheduled the motion to be heard. Should I wait for the trial and let the defendant raise the motion at that time or be proactive and schedule the motion to be heard prior to the trial date?
Asked on 6/26/09, 3:55 pm
1 Answer from Attorneys
David Slater
David P. Slater, Esq.
Re: Motion to Dismiss
Do not wait. It may then be too late to correct the problem.
Answered on 6/26/09, 4:00 pm
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