Legal Question in Real Estate Law in Florida

I am in a Foreclosure lawsuit. The bank has filed an Amended Verified Complaint. The judge has ordered 30 days to file my "Answer & Affirmative Defenses". However, day 30 lands on this Thursday which is Christmas Day. Also, the Courthouse is closed on the following day Friday. So according to Rule 9006, I believe I have until the following Monday the 29th the file my "Answer". I am not yet done with my Answer. This is very important, since I would lose the case immediately should I not file within the required 30 days. So please, can someone verify that I do have until the Monday the 29th to file? Thank you so very much!


Asked on 12/22/14, 10:01 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Impossible to answer this question without seeing the Order. File it early and avoid the problem. If it needs to be amended than seek Court approval to amend it later. Don't play around with the deadline. The court likely will allow the pleading anyway even if filed on 12/29 and that is late, but why wait? Get it done.

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Answered on 12/22/14, 12:36 pm


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