Legal Question in Civil Litigation in Florida

Re: Pre trial motions

The judge doesn't have to reset it at a specific time. It is at his discretion. Usually the judge wants to get the case over with and will reset it as soon as possible. Often an order granting a coutinuance so close to trial has conditions. You should review the order. The normal time for the setting of a trial is no sooner than 20 days after the pleadings are at issue. Depending on the order, you should have been given some time to reply to the new defense.

Re: Pre trial motions

The judge can set it on any trial calendar he or she wants. Your motion does not have to be granted, and it probably won't be granted unless there is a very good reason (someone is dying, evidence is being destroyed, etc.) that it must be granted.

Statute of Frauds defenses are usually handled by motion, not by trial (usually, there either was a contract or there wasn't), so maybe that's why the judge continued your case.

Re: Pre trial motions

Since the Judge has allowed them to plead an additional affirmative defense, you must file a response to the affirmative defense or you may lose your rights to attack it later. As for when hearings are scheduled, however, such matters are (almost) entirely at the discretion of the Judge.

You should be able to discuss these matters with your attorney if you have one. If not, or you would like to discuss the matter further, please feel free to contact me at your convenience.