Legal Question in Traffic Law in Florida

My friend in Key West FL had to go to traffic court for following too close. The officer never showed up so the Judge said " MR. H this is your lucky day, case dismissed." This was documented and signed......Two days later he recieved a letter from the court recalling the case due to a letter from the cop about knee surgery. They threatened to suspend his licence if he does not show up. Can a case Be UNDISMISSED in Florida ? What are the rules of a dismissed case ?


Asked on 11/28/12, 2:55 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

That's a tricky question. In general, the rule is that they can't "undismiss" a case, but the rule depends on whether it was dismissed with prejudice. It sounds like you could get the attorney to file a motion to enforce the dismissal.

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Answered on 11/28/12, 3:02 pm


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