Without seeing the pleadings it is impossible to answer your question. A motion for summary judgment would seem to make your M/Strike moot. No evidence is properly presented at a hearing on a summary judgment. That may be part of your problem. I dont know, that is a guess. You can file a pro se motion to vacate summary judgment if it was entered. You can file a motion for rehearing if the the judgment has been obtained. Follow all timeframes and be careful to appeal timely if necessary. Seek legal help asap.
The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505
So let me get this straight: You tried to pull your own teeth, and when the job proved a little more than you had bargained for, you took your pile of pulled teeth and your pliers to a dentist, and now you want him/her to fix everything? Look, you should have hired a lawyer from the get-go, especially with this type of case, where many lawyers (including me) will often take these cases with no out-of-pocket "up front" cost to you. Now I can't imagine any lawyer will attempt to fix this without fees "up front." Get out the local lawyer's directory and give it a try. I agree with my colleague who thinks the case is pretty much lost. Sorry, only callin' 'em as I see 'em.
I often take cases other attorneys won't, so call me for a free consultation. My number is 727-712-3333, or you can view my website at www.TampaConsumerLawyer.com