What does it mean when a Plaintiff request Motion Hearing to "..bring on to be heard Defendant's opposition before the judge?"

Asked over 1 year ago - Palm City, FL

<FLORIDA - CIVIL COURT> <BANK vs . Me and CO - DEFENDANT> <COLLECTIONS ON OVERDRAWN PERSONAL BANK ACCOUNT>QUESTION : I RECEIVED A NOTICE OF HEARING THAT STATES : displease take notice that on [ DATE ] , or as soon thereafter as counsel can be heard , the undersigned [ PLAINTIFF’S ATTORNEY ] will bring on to be heard the ‘Defendant’s Opposition to Plaintiffs Voluntary Dismissal as to Defendant JANE DOE before the JUDGE… ( etc ) …” WHAT DOES THIS MEAN ? WHAT HAPPENS IN THE HEARING ? DO I NEED TO ATTEND OR CAN I FILE A MOTION OR STATEMENT ON MY BEHALF ? REQUESTING 15 minutes of TIME RESERVED seems like a lot of time ? WHAT SHOULD I PREPARE FOR ? <I am PRO SE not by choice but by economic circumstances . > THANK YOU

Additional information

I filed the opposition because the Plaintiff failed to serve notice to the Co-Defendant within the time ordered by the Judge in the first Motion for Summary Judgement Hearing; as a result, the Plaintiff filed Voluntary Dismissal on the Co-Defendant Only. The Co-Defendant is incarcerated for an unrelated case and is indispensable to my case. The judge agreed and at the first Hearing RESERVED RULING FOR 60 DAYS PENDING THE SERVICE ON CO-DEFENDANT. Which is why I'm confused, because I'd think the Plaintiff's Attorney would continue Motion for Summary Hearing?

Attorney answers (1)

  1. Paul S Vicary

    Contributor Level 11


    Lawyer agrees

    Answered . It appears that a defendant (you or another defendant) filed an opposition to Plaintiff's voluntary dismissal as to an unknown party. There should have been no reason to file an opposition to this. In any event, a hearing has been set on that defendant's opposition. The judge will wonder why this was set for hearing as a Plaintiff has the discretion to voluntarily dismiss any or all defendants from a complaint. You should go to the hearing, especially as it seems it was you who filed the opposition. Be advised that the judge will not be able to give you any legal advice, but will simply explain the reason for her/his decision.

    Mr. Vicary is licensed to practice law in Florida. The response herein is not legal advice and does not create an... more

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