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Can we get a summary judgment?

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?

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

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