Skip to main content

Can you be served by the same case after a granted motion to quash or do they need to refile

Bellflower, CA |
Filed under: Litigation

I had a judge grant my motion to quash on a unlawful detainer, when I walked out the court room, the lawyer served me the papers for the same case, is that legal, doesn't he have to refile, or can they use the same case

Attorney Answers 3


  1. Yes you can still be served so long as the time to serve has not expired. In Florida you have 120 days to serve complaint once it's filed. You can always ask for extension of time to serve so long as you are within the 120 days when asking for extension.


  2. Yes--unless the case was (also) dismissed, you can be re-served under the same case.


  3. This is a good example of why fighting some things in litigation is not worth the time and cost (and why consultation with an attorney can be worthwhile). You should focus on the merits (or lack thereof) of the lawsuit against you.

    The information/answer is not, nor is it intended to be, legal advice. Consult an attorney regarding your individual situation. This attorney is only licensed to practice law in California. Your question and this answer do not create an attorney-client relationship. Do not send/post any confidential information. For more information, visit: www.thesandiegolawfirm.com

Litigation topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics