Legal Question in Personal Injury in Florida

Defendant not served yet but filing things in the court?

Sat. I received a motion to dismiss my complaint from a defendant and they have not even been served yet. Is this allowed? And must I answer it?

(they knew about the case there are other defendants)


Asked on 6/16/08, 6:03 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Defendant not served yet but filing things in the court?

If you have filed a claim against someone, they can respond even though they were not served. That is what you want them to do. Yes, you should handle the motion to dismiss or file an amended complaint to address any deficiencies in the original complaint.

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Answered on 6/17/08, 8:46 am
Betty Blanco Blanco De Vera LLC

Re: Defendant not served yet but filing things in the court?

Well, do you have a lawyer for your case? If they found out and answered it then they are in play and you must answer and set it for a hearing. contact us if you need further assistance.

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Answered on 6/16/08, 6:23 pm


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