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    scrumking's Avatar
    scrumking Posts: 5, Reputation: 1
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    #1

    Mar 17, 2011, 07:10 PM
    Florida small claims
    What happens if FLORIDA SMALL CLAIMS RULES are not followed, i.e. if trial is not set within 60 days after pretrial?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 17, 2011, 07:19 PM

    Why is it not done, was it postponed, did someone get it continued
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    #3

    Mar 17, 2011, 07:26 PM
    Pretrial mediation resulted in plaintiff requesting continuance. Two registered letters were sent to plaintiff asking for an update, the second one cc'd the judge who promptly set a trial date, more than 100 days after pretrial.
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    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Mar 17, 2011, 08:20 PM

    Thus the reason for the continuance, if the other side who did not ask for it, did not contest or argue against it, they were accepting, it of if they did contest, lost it appears.
    Did the side not asking for additional time, file any motion to bring it to trial.
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    #5

    Mar 18, 2011, 03:36 AM
    I infer from your comment that this non-compliance with the rules is accepted if no party objects. No objection was filed with the court. Certified letters to plaintiff attempted to move resolution forward. Does no objection filed allow the rule to be violated without consequence? At trial, is moving for dismissal because the time limit defined by the rules was exceeded a viable argument?
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    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Mar 18, 2011, 03:40 AM

    Court calendars are crowded, so if there are no objections to extended times, they would be allowed. It may be too late to file a protest against the extended time. But if you are to do so you would have to do so before the scheduled court date.
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    #7

    Mar 18, 2011, 03:53 AM
    Many thanks to both of you for your answers!
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    #8

    Mar 18, 2011, 04:09 PM
    Account number on complaint different from "proof of debt"
    If my proof of debt is for a different account number that what is in the complaint I filed, can the complaint be amended, or is the case dismissed and I can then file with the correct account number? (Florida small claims)
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