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Motion to dismiss complaint & in the alternative Motion to quash service. Quashing granted/Dismiss denied.

Fort Lauderdale, FL |

The motion to dismiss was filed with the motion to quash service it was titled "Motion to dismiss complaint and in the alternative Motion to quash service of process", the judge granted the quashing of service and denied the motion to dismiss. Does not the quashing of service render the motion to dismiss moot?

When the service was quashed and I was served again does not that restart the clock on the responses and I can file a motion to dismiss again?

Thank you for your response

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Attorney answers 2

Best Answer

Ruling on the Motion to Dismiss was not necessary because service was quashed and you are not under the personal jurisdiction of the court to have any other motions heard. Luckily the judge did quash service because usually any filing of anything else means you are acknowledging service and the motion to dismiss would have been an acknowledgment.

Once you are served properly you can file a motion to dismiss unless the judge actually considered the motion to dismiss and commented on why it was denied. You don't want to upset the judge by having the same motion heard twice, but if the judge went straight to the motion to quash without considering the motion to dismiss, you can file again.

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From what you have said the judge ruled on the motion to dismiss already. I wouldn't be inclined to ask the court to rule on the same motion again.

There is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.