Can we get a summary judgment?

Asked about 2 years ago - Tampa, FL

A defendant in our civil lawsuit has not answered our complaint or made a motion to dismiss. Their attorney made a notice of appearance, and moved for an extension of time to file a pleading, but over a month has passed and no answer to motion to dismiss. I know we can move for a default, but can we get a summary judgment if the defendant has not filed or served an answer or motion to dismiss?

Additional information

To Ms. Morcroft: I'm the plaintiff, so I don't want to dismiss the case. My question is can we get a summary judgment if the defendant has not filed or served an answer or motion to dismiss?

Attorney answers (1)

  1. Heather Morcroft

    Contributor Level 20

    Answered . You need to set your motion to dismiss for a hearing.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,515 answers this week

3,173 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,515 answers this week

3,173 attorneys answering