Legal Question in Civil Litigation in Florida

In a case of evition if a lawyer that represent the plaintiff send a cittation to tenant with the wrong time for the trial with the purpose to make the tenant fail can be the case dismiss by missconduct or for brake the legal procedure?

Asked on 3/08/13, 6:06 pm

3 Answers from Attorneys

Barry Kaufman The Law Office of Barry W. Kaufman

Probably not. You might be able to have the trial rescheduled, but you must act quickly. You may want to consult Legal Aid.

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Answered on 3/08/13, 6:39 pm

Barry Stein De Cardenas, Freixas, Stein & Zachary

Likely not dismissable, but if the judgment was entered due to your failure to appear it could be set aside.

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Answered on 3/09/13, 5:33 am
Alan Smith Tallahassee Legal Counsel

If you can prove that he did it on purpose, you might have something. It's more likely that it was inadvertent. As the other attorneys have said, you might be able to use that as grounds to set aside default or reschedule the matter.

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Answered on 3/18/13, 7:09 am

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