Apopka, FL asked in Consumer Law for Florida

Q: Is it possible to "undismiss" a defendant in a civil action?

A case management order automatically dismissed defendants in a civil action for failure to timely serve them with process. The plaintiff ignored the order, served defendants and is now setting the case for trial. Seems the court lost authority over defendants after dismissal. How can a plaintiff "undismiss" a defendant?

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

A: There are several ways this could happen, depending for example whether the case was under the small claims rules or the civil rules. But such a dismissal would normally be without prejudice. Were the "dismissed" defendants served with a summons issued after the dismissal?

In any case, if you are one of those defendants, you should have an attorney look into it and advise you how to proceed.

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