Legal Question in Real Estate Law in Florida
In a foreclosure case, I'm the defendant. And I wasn't notified of a court date where they granted plaintiffs motion to strike affirmative defenses.. I had no idea, there was a court date set up. Is there a way to ask for rejudgement? An example would be most appreciative.
Asked on 12/18/13, 12:53 pm
2 Answers from Attorneys
David Slater
David P. Slater, Esq.
Yes. Make motion to vacate.
Answered on 12/18/13, 1:03 pm
Barry Stein
De Cardenas, Freixas, Stein & Zachary
Check the Court file and see if the Motion and the Notice reflect that they were sent to you. If not, then you should move to vacate the Order for lack of notice. The granting of the motion to strike does not end the case and provide for judgment, although it does knock out any of the affirmative defenses which you did plead.
Answered on 12/18/13, 1:18 pm
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