Legal Question in Landlord & Tenant Law in Florida

Motions

My wife and myself are named defendants in a foreclosure. The plaintiffs had served my wife (Lis Pendens Summons/Florida) but they failed to serve me. I filed a motion to dismiss (unopposed) for failure to state a claim upon which relief can be granted, on behalf of myself and my wife since they lost the mortgage note. The plaintiff filed a motion for Summary Judmgent. I'm handling this pro se, so I probably screwed up - can I still file a motion to quash the process?


Asked on 5/15/08, 10:00 am

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

Re: Motions

Probably not, since you filed a motion to dismiss. It would, in any event, only delay matters. They will serve you sooner or later. By the way, if they served your wife with your papers while she was at home, then you were validly served. Good luck.

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Answered on 5/15/08, 11:48 am


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