Legal Question in Civil Litigation in Florida

Plaintiff's Notice that Cause is Ready for Trial Prior to Scheduled Mediation.

Free in-house mediation was ordered by Judge in foreclosure case because I am pro se. The date is 12-12. Plaintiff filed a ''Notice That Cause Is At Issue,'' stating ''the above styled cause is at issue and ready to be set on the non-jury trial calendar,'' with an estimate of 1/2 day required. The Court set the date for 12-21. How can the case be ready for trial when mediation hasn't taken place? Also Discovery isn't completed. If I retain an attorney I do not qualify for free mediation. I planned to retain an attorney if the mediation comes to impasse. But the mediation is scheduled only Nine days before trial. Can I file a motion for a continuance based on the perception that the Plaintiff is only going through the motions of mediation, as they filed this notice after mediation was scheduled, or is that the way it is usually done? Should I forget the free mediation and go ahead and retain an attorney?


Asked on 11/22/01, 2:36 pm

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

Re: Plaintiff's Notice that Cause is Ready for Trial Prior to Scheduled Mediatio

If discovery has not been completed, then on that basis alone you may move to continue the case to a future trial calendar thereby extending the time to complete discovery. I strongly urge you to seek the advice of counsel, especially if you are risking the loss of a substantial equity interest in the property. Good luck.

Peter A. Gonzalez

Coral Gables, FL

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Answered on 12/04/01, 10:36 pm


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