Q: I recently relocated from Georgia and I received a motion to dismiss hearing request in a State Civil matter in Florida.
I recently relocated from Georgia and I received a motion to dismiss hearing request in a State Civil matter in Florida. I want to respond to the motion, but I am not aware in Florida how many days I have to respond.
The opposing party asks for a date for the hearing, but I want to request an enlarged amount of time for a date to allow time to retain an attorney. Is this possible?
Thank you for your assistance. This matter is State Circuit Civil.
A: The Florida Rules of Civil Procedure (http://phonl.com/fl_law/rules/FRCP/) don't specify a set amount of time in which to respond. You haven't indicated much about the motion, other than it is a motion to dismiss. But generally in Florida courts nothing happens without a hearing. To be safe, file something immediately and request further time in which to seek an attorney. Or call the judge's judicial assistant and ask.
A: It sounds like the other side is attempting to coordinate a hearing date with you. If you need more time to search for an attorney, the first step is to make a friendly call to the other side's attorney and ask if he/she will agree to set the hearing X days out (such as 30 or 45) because you are still looking for an attorney. He/she might agree. If not, you can call the JA (judicial assistant) and explain the situation. If that doesn't end up resolving the date issue, and the hearing is set, you have the option of filing and setting for hearing a motion for continuance of the motion to dismiss hearing - but then you better prepare for the motion to dismiss hearing in case your continuance motion is denied.
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