Legal Question in Intellectual Property in Florida

I am the defendant in a case that was transferred from one state to another. The counsel for the plaintiff was not admitted to practice in the new state. The court gave the plaintiff a date to hire new counsel in the new state and didn't meet the deadline. What happens now...what should I do?


Asked on 1/08/13, 4:04 am

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

If Plaintiff is an individual, Plaintiff could go to trial representing him- or herself without an attorney; if Plaintiff is a corporation or LLC/LLP or partnership of some sort, Plaintiff MUST be represented by an attorney.

Since Plaintiff has failed to act within the judge's deadline, I'd move to dismiss the case with prejudice (meaning you cannot be sued for this matter again; you might not get that for this error) under the current state's civil procedure rule(s) that cover plaintiff's failure to pursue the matter.

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Answered on 1/08/13, 9:18 am


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