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What does it mean when the plaintiff motion to vacate and set aside dismissal is granted

Miami, FL |

This is regrading my house . Then the second order said dismissing case entered on march 30 , 2012 is hereby set aside

Attorney Answers 2


  1. This means that the case had originally been dismissed for some reason but the plaintiff (i.e. the bank) asked the court to set aside (vacate) the dismissal of the case and allow he case to proceed against you. It's not clear froom your question why the case was originally dismissed but Florida has a liberal policy of allowing cases to be tried on their merits.

    I am not seeking to represent you based on the response to this question. The answer given is for general information purposes only. No attorney-client relationship is hereby intended.


  2. The case was originally dismissed. But plaintiff filed a motion to to vacate the order of dismissal. The posting does not indicate why the case was dismissed and what was the basis for order vacating the dismissal. However, public policy generally favors litigation of cases on their merits. For example if a case is dismissed pursuant to a default, there is a good chance that the court will set aside the dismissal upon a motion to set aside such dismissal. If the motion is granted, the case will proceed on its merits.

    This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.