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I am being sued by an HOA for a moot issue. I told them they can have judgment but they don't want a conclusion.

West Palm Beach, FL |
Filed under: Lawsuits and disputes

They keep filing motion after motion. Their purpose is to harass and ring up my legal bills. There is a lot of bad blood between myself and them. Is there a why I can get the judge to end this case without the Plaintiff's permission by asking the judge to rule in the Plaintiff's favor?

Attorney Answers 3

  1. If you have legal counsel, not sure from your question if you do, you may want to make an offer of judgment, and if they do not accept, they can be liable for your attorney fees if they do not get a percentage more than what you offer. There are numerous pitfalls in perfecting such an offer, but it is a feasible strategy to talk about with your counsel if you are willing to settle for as much as they can get in court. You need to be careful what you concede in court, because certain concessions can have collateral consequences.

    This answer does not establish an attorney client relationship, nor does it constitute specific legal advice.

  2. You can file a motion to dismiss and state the issue is moot. Then the HOA can only file for attorneys' fees and costs. Depending on how long the issue has been moot, the judge may have concerns with awarding them fees for frivolous motions. I suggest you hire a HOA lawyer in your area to at least represent you at the fee hearing. There are several good attorneys here.

    This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case.

  3. If the issue is moot, the case should be dismissed.

    If this answer was Helpful or the Best Answer, please click above to let me know. Representing clients on Commercial & Residential Real Estate matters Statewide for over 13 years. Development / Purchasing / Leasing / Foreclosure / Eviction / HOA.

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