Seattle, WA asked in Small Claims and Civil Litigation for Florida

Q: What motion is recommended when I missed a civil court date? Pro se defendant & didn't receive e-notice of hearing date.

I am representing myself as Defendant in a civil lawsuit brought on by a construction contractor. I had filed a Motion to Dismiss in July 2023. The hearing for my Motion was rescheduled repeatedly by the court. I did not receive notice for the rescheduled date (2/12/24), missed the hearing, and my Motion to Dismiss was Denied solely due to my absence. I have 10 days to respond.

What Motion shall I submit to explain my absence, set aside the Order Denying [My] Motion to Dismiss, and request another hearing on my original Motion to Dismiss filed 7/2023?

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

A: You could call your motion "Motion to set Aside Order Denying Motion to Dismiss", or something like that. It doesn't much matter what you call it; more important is that you clearly state what you want and why. Contact the judge's judicial assistant for a date and time for the new hearing and be sure to send notice of the new hearing on the opposing party (and also include proof of such notice with your filed motion).

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