This lawsuit is regarding a cosigned loan originated in 1999 which we believe to have been satisfied in full. We also believe it's outside the SOL and many other things, but that's not the issue at hand. The issue at hand is current actions.

On January 29, 2008 we filed two motions:

1. Request For Trial
2. Motion To Produce

Both motions were recorded that day and certified copies sent to Plaintiff Attorney. If we understand the Florida Laws of Civil Procedure correctly, the Plaintiff Attorney has 30 Days plus five to produce the evidence we requested. The plus five days is allowed if they received notice of the motions by US mail.

Not wanting to get ahead of ourselves yet, but thinking that there is a good chance that Plaintiff Attorney will not produce the evidence (we don't think it exists), what should our next action be?

Should we motion the court to dismiss with prejudice? That's what we are thinking we need to do.

Any help would be appreciated.