Cape Coral, FL asked in Personal Injury for Florida

Q: Interpretation of a Court's order

I just received the following court's order: "having come before this court upon a docket review, the civil hearing currently set is hereby canceled". (the hearing was scheduled for a Motion to Set Aside the Judge's Judgment. Does that mean the case is close?

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Hollywood, FL
  • Licensed in Florida

A: If the judgment entered was a Final Judgment, the case was likely ALREADY closed before the motion to set aside the judgment was filed. When a Final Judgment is filed, the Court usually simultaneously orders the closing of the case. The Court nevertheless can subsequently entertain a motion to vacate (set aside) the judgment. What needs to be determined in your case is whether the judge has DENIED the motion. Merely canceling a hearing is not denying the motion, but you may be receiving another order denying the motion.

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