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WHAT IS THE TIME LIMIT TO ANSWER A DENIAL OF A MOTION TO QUASH SERVICE IN FLORIDA?

Miami, FL |

MY ATTORNEY FILED A MOTION TO QUASH SERVICE IN MIAMI DADE COUTY IN A CASE OF FORCLOSURE, PLAINTIFF ANSWERED AND SET A HEARING , MY QUESTION IS THAT IF THE JUDGE DENIES THE MOTION IN THAT HEARING , WHAT IS THE TIME LIMIT TO APPEAL OR WHAT I AM SUPPOSE TO DO?

THERE IS A DEFAULT ENTERED AGAINST ME ALREADY , BUT MY QUESTION IS IF THERE ARE CITED CASES SIMILAR TO THIS ONE ?

Attorney Answers 5


  1. Best answer

    Normally, your lawyer would be required to file an answer within ten days of the denial of the motion. In the order denying the motion, the judge could grant more time for that.

    An appeal from the nonfinal order could be filed within thirty days after the clerk of the court records the judge's order denying the motion. However, if there truly is that service on you, you might want to wait until the end of the case an appeal that issue at that time.

    Talk to your lawyer about this.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us


  2. I am not a Florida attorney.

    It is my understanding that you can file an appeal within 30 days of the order - or you can seek reconsideration from the same court that issued the interlocutory order.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.


  3. If the motion to quash is denied, your lawyer will file an answer.
    He can also file a petition for writ or certiorari, or appeal form non-final order, but in the long run, it won't help.
    As long as you are amenable to service, eventually you will be served.
    Also, I am assuming there was not default entered against you.


  4. Florida Rule of Civil Procedure 1.530 allows you to file a motion for rehearing within 10 days of the date that the court issues an order.

    This communication is not intended to, and does not, create an attorney/client relationship. You are encouraged to consult with an attorney in your area to discuss your case in person. Roberto M. Vazquez, Esq. and the Morey Law Firm, P.A. practice law throughout the state of Florida. Please visit our website at www.moreylawfirm.com.


  5. Based upon the fact that there has been an order granting default for entered against you as a consequence of your failure to file an answer, instead relying upon your motion to quash service, assumedly, you have a complicated legal situation already in existence, and one which is going to become more complicated very quickly.

    It may or may not have been an arguably reasonable positionn to refrain from filing an answer if this was 1980 for reasons which related to changes which the rules committee has considered and revised regarding what actions implicitly constitute one's assent to the jurisdiction of a given court which I take to be the basis for your challenge to service upon you in this matter. However, you had ten days from the time at which your motion to quash was denied in which to seek reconsideration of that order by the same court which originally ruled upon that issue; and thirty days from the entry of the order denying your motion to quash service in which to file notice with the appellate court having jurisdiction over the matter that you intended to seek review which, to me, certainly sounds like review which would have to be sought through a writ of certiorari; probibition or mandamus, as without more information, you situation does not sound like one which would lend itself to review by direct appeal as, again, without more information, yours does not sound like it falls within those non-final Orders from which direct appeal may be taken. However, there may be other factors which might allow for this.

    You need to speak to a qualified attorney immediately. It doesn't have to be this attorney, but contact an attorney NOW.

    Best regards,

    David B. Dohner Esq.

    P.S. A Motion to Vacate Default Judgment can be filed on your behalf and the doctrine of excusable neglect may be deemed to apply as the circumstances which generally can be set forth justifiying same are ordinarily quite broad. However, the existence of your Motion to Quash may work against you in this regard.

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