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What is the next step if the Plaintiff fails to respond to Motion to Dismiss within the statutory time limit in Florida?
The plaintiff loses.
What does it me when my wifes lawyer filed a motion to dismissed the divorce?
This just means that the petitioner, I am assuming is the Plaintiff, she has asked to dismiss the divorce case. Your attorney would be able to explain to you whether she wants to dismiss the entire case and try to make the marriage work, or she just wants to dismiss one of her terms. Consult with an attorney.
Who can you tell that you want a case stopped that is about you?
Bring your grievance before a judge.AnswerIf you are the plaintiff or petitioner, you may dismiss your case. If you are the defendant/respondent, you can move to dismiss, but if the case has merit, the case will continue until the plaintiff dismisses it. You may settle with the plaintiff to dismiss the case.If you are not a party, for example if you are the child in a custody case or if you are the victim in a criminal case, you have no standing or control, and cannot do anything.
Does the plaintiffs can be sued after the case was dismiss by settlement?
no the plaintiff can not be sued after the case was dissmised by settalment
What does dismiss with leave mean?
"Dismiss with leave" typically indicates that a case or matter has been dismissed, but with the possibility of it being refiled or revisited at a later time if certain conditions are met or new evidence emerges. It allows the option for the case to be reopened or continued in the future.
When can the plantiff dismiss a case without prejudice?
The plaintiff cannot - that is a judge's prerogative. The plaintiff can REQUEST that a judge consider ruling that way, but it is up to the judge as to whether he will grant it or not.
Can you pay a court fine to drop a case?
No. If you are the plaintiff (i.e.: civil case), you can dismiss your case at any time. If you are the defendant, you would have to settle with the plaintiff for them to dismiss the case. In a criminal case, it the statute has a fine schedule associated with it, you may be allowed to do so, or the state may agree to dismiss your case in exchange for something they need, or will allow you to plead guilty to avoid trial.
Can a motion to dismiss be used in small claims court as an answer to the plaintiiffs claim and service?
In small claims court, a motion to dismiss may not be used as an initial response to the plaintiff's claim and service. Instead, parties are typically required to file an answer within a specified time frame. However, depending on the specific circumstances and court rules, a motion to dismiss may be allowed in response to the plaintiff's claim.
When voluntarily dismissing a lawsuit must the parties to the lawsuit sign?
The answer is no, the plaintiff can dismiss the lawsuit at anytime if there are no substantial objections from the defendant.
What happens when the plaintiff does not show up for a subpoena on a lawsuit?
If the plaintiff does not show up for a subpoena in a lawsuit, the court may dismiss the case or rule against the plaintiff. Failure to comply with a subpoena can lead to penalties such as fines or imprisonment for contempt of court. Additionally, the plaintiff may lose credibility with the court and damage their case.
What if plaintiff has no standing to bring an action?
If the plaintiff lacks standing to bring an action, the court may dismiss the case for lack of jurisdiction. Standing requires the plaintiff to have a personal stake in the outcome of the case. Without standing, the court cannot hear the case.
If settling out of court do I still have to answer the summons?
You would not have to answer the summons as long as the plaintiff agrees not to move for entry of a default judgment for you not answering the summons within the appropriate time. Also, if you do reach a settlement be sure that the plaintiff promises to and does dismiss the lawsuit when the money is paid.
