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

Asked over 2 years ago - 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. Thomas Michael Bates

    Contributor Level 13


    Lawyers agree

    Answered . 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... more
  2. Paul Y. Lee

    Contributor Level 18


    Lawyer agrees

    Answered . 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... more

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