Legal Question in Civil Litigation in Florida

Unopposed Motion

I'm the defendant in a foreclosure lawsuit (Florida) going at it Pro Bono (at least for now). I filed a motion to dismiss for failure to state a claim (note was lost). The plaintiff filed for summary judgment. We both requested hearings set for next week. My question is since the plaintiff hasn't filed a response to my motion what would the best route to take to argue the case in front of the court e.g. can the plaintiff respond verbally without actually filling a opposition? The Second question - how do I get my motion argued and ruled on before their summary judgment motion; if I can't get a dismissal I would ask the court for a continuance.


Asked on 5/27/08, 3:44 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Unopposed Motion

You need to file an affidavit or other proof to create a disputed issue of fact or law in order to defeat the motion for summary judgment. The plaintiff can move for summary judgment without the motion to dismiss being heard. You can set a hearin to decide your motion or notice it for hearing at the same time as the motion for summary judgment is heard.

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Answered on 5/28/08, 8:20 am


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