Legal Question in Real Estate Law in Florida

Re: Motion for continuance re: summary judgment

Did you notice the Motions for a hearing? Just filing a motion does not mean that it will be heard. You should have noticed the motion for a hearing. YOU NEED TO SHOW UP FOR THE FORECLOSURE HEARING. Make sure that you bring your motion to the judges attention, assuming that he will hear it. Bring at least one extra copy of the motion for the judge.

Good Luck

Re: Motion for continuance re: summary judgment

The last sentence of your inquiry made the most sense...get that attorney NOW and have him file an affidavit to defeat the Motion for Summary Judgment right away! Also he will file a motion to compel discovery.

Re: Motion for continuance re: summary judgment

I am hopeful that in addition to filing your motion with the court, you provided the opposing party's attorney with a copy of whatever it is you filed. It appears you failed to notice your motion(s) for a hearing, which you would have to schedule according to the judge's motion calendar. Furthermore, when serving the opposing party with discovery, you need to file a notice of serving that discovery with the court.

You should definitely attend the hearing, otherwise a final summary judgment may be entered against you. If you are unable to attend in person, contact the judge's judicial assistant and let him/her know of your disability --- the court may allow you to appear by telephone or you may be advised of special transportation available for the disabled. If you cannot appear in person, make sure you send the judge a letter explaining your situation along with a copy of the motion(s) and discovery you have filed (with a copy of your correspondence to the court to the opposing party's counsel).

If you are in the unfortunate position of not being able to find a lawyer before the hearing, file a Response to Plaintiff's Motion for Summary Judgment that sets forth every single issue of material fact that is in dispute, and which reminds the court that discovery is ongoing as the plaintiff has chosen to ignore the overdue discovery which deals with issues that are central to your defense (there is Florida legal authority, caselaw, that strongly discourages courts from granting motions for summary judgment when discovery is ongoing). Seek the advice of an attorney immediately. Good luck.