Legal Question in Health Care Law in Florida

Motion for Rehearing

Gurus:I am the defendant in a foreclosure lawsuit (Florida). I'm operating Pro Se with limited law knowledge. I filed a motion to dismiss (since the Plaintiff didn't have standing) and appeared before a Circuit Court Judge. The Judge granted my motion since the Plaintiff couldn't come up with any compelling arguments. He asked the Plaintiff to submit the dismissal papers for him to sign and a copy to me. They never did. A few weeks later I received a Plaintiffs motion for a Re-hearing. The Plaintiff stated that they didn't receive a copy of my motion and didn't have time to research there argument, and they want to argue that they have proof of standing. My motion was sent first class to the Plaintiff. The question I have is can they actually have a do over on a dismissed case? Should I mail the Judge a dismissal for him to sign at this point? Are they just trying to bait for me to respond to this motion to appear before the Judge again. I tried to research this but I only see Appelate issues with rehearings. Thank you.


Asked on 6/13/08, 8:49 pm

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

Re: Motion for Rehearing

Provide an order of dismissal for the judge to sign. But -- yes, they can file a motion for rehearing if there are sufficient grounds to do so. A dismissal would be without prejudice to refiling the case in any event.

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Answered on 6/28/08, 9:40 pm


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