Cape Coral, FL asked in Civil Rights for Florida

Q: "Court reserves on a Motion to Dismiss ruling". Civil case

I was sued in a Small Claim for a Breach of Contract, I filed Prose a Motion to Dismiss because I am not the real party in interest in the case; the Plaintiff failed to Joint necessary and indispensable party, and failed to state a claim as a matter of law. However, the date of the hearing the judge did not rule any judgment and merely issued a minute indicating the "Court reserved on Defendant's motion".What does dis mean? Will it be a sentence or not?

Now, the Plaintiff's attorney filed a motion to invoke the rules of civil proceedings and I don't know if I have to respond to the motion or wait until the Judge rules to dismiss the Motion to dismiss?

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: The minutes which read the "Court reserved on Defendant's motion" simply mean that the judge did not make a decision on your motion at that time. The judge probably will decide later. By invoking the Rules of Civil Procedure, the plaintiff's attorney is simply saying that this case is too complex for the small claims rules, and the civil rules (Florida Rules of Civil Procedure) should apply. This is a civil case, not a criminal one; so no: there won't be a "sentence", but rather a judgment (if the judge rules for the plaintiff).

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