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Can you be served by the same case after a granted motion to quash or do they need to refile

Bellflower, CA |

I had a judge grant my motion to quash on a unlawful detainer, when I walked out the court room, the lawyer served me the papers for the same case, is that legal, doesn't he have to refile, or can they use the same case

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Filed under: Filing a lawsuit
Attorney answers 3


Yes you can still be served so long as the time to serve has not expired. In Florida you have 120 days to serve complaint once it's filed. You can always ask for extension of time to serve so long as you are within the 120 days when asking for extension.


Yes--unless the case was (also) dismissed, you can be re-served under the same case.


This is a good example of why fighting some things in litigation is not worth the time and cost (and why consultation with an attorney can be worthwhile). You should focus on the merits (or lack thereof) of the lawsuit against you.

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