Orlando, FL asked in Civil Litigation for Florida

Q: Are FL civil court judges required to have a hearing after a response to summary judgment is filed?

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During hearing, judge stated she hadn't read my motion. After reading it, instead of doing another hearing judgment was entered against me. Was the judge required to set another hearing after reading my motion so I could argue it's merits? I didn't get the option to do it during the hearing due to it not being read and don't know why my objections in the motion didn't hold up. Is this grounds to vacate & get that hearing?

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2 Lawyer Answers
Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Naples, FL
  • Licensed in Florida

A: There is no "requirement" to hear motions unless they are motioned up or noticed for a hearing, which would require obtaining dates from the court and coordinating a hearing with the other side. Otherwise, the court does not know there is a motion on file.

You may want to consider filing a Motion to set aside final judgment, but time is of the essence and reasons for doing so are also important. If you just filed a motion and sat on it doing nothing, you may not have a reason to vacate final judgment.

Good luck.

Charles M. Baron and Terrence H Thorgaard agree with this answer

Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: You don't know whether or not the judge read the motion, but the judge probably did read it. The real issue you raise here is whether a hearing must be held before judgment may be entered. In my experience in Florida, and while there is no rule which requires a hearing, (unlike federal courts and other states) motions are rarely considered without a hearing.

Charles M. Baron agrees with this answer

1 user found this answer helpful

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