Legal Question in Real Estate Law in Florida

Real Estate

I have a ''motion for summary judgement as to the plaintiffs complaint'' that I just got from the lawyer of these peopel I am suing. I am suing a RE investor and his slumlord property manager for leasing a house to me that floods everytime it rains. They did nothing and since it rained 3 days in a row, the half the house was under water. I consulted a lawyer & it he told me to move immediately and duke it out in court later. Since this happened at the begining of the month, I left by the 13th. I followed the rules of notifying etc. They evicted even though I no longer lived there. This motion states my ''eviction'' but ends with ''The claims of the plaintiffs in their complaint either in its intial form or any amend form is barred by estoppel by judgement'' Any defenses raised or that were adjudicated to the eviction case are now bared from relitigation. We therefor request the court to grant summary judgemetn on the complaint of plaintiffs'' So what do I do? What does this mean? Is it about the eviction only or my whole case against them? I have witnesses (neighbors), video, pictures, and the new tenant that lives there (and flooded) what do I do? What can I motion back with. I only have until Friday to send in last motions.


Asked on 10/01/08, 7:45 pm

1 Answer from Attorneys
Philip Duvalsaint Philip A. Duvalsaint, PLLC

Re: Real Estate

They filed for eviction and probably got a default judgment and are using the default against you. You need to meet with an attorney ASAP with copies of all the pleadings in both cases so that he/she can properly advise you of the consequences of not responding. You can probably get additional time to respond if you act quickly. Otherwise, you will lose your case. You might already have a judgment against you for damages depending on what happened in the eviction case and you could be facing an award of attorney's fees as well.

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Answered on 10/02/08, 1:02 am


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