Skip to main content

When a motion to substitute plaintiff is granted in Florida, does that reopen the Plaintiff's pleadings?

Lake Worth, FL |

In my foreclosure case the motion was granted. Plaintiff says case is at issue for ready for trial. Would the substitution mean the pleadings had been amended and therefore the case isn't at issue?

+ Read More

Attorney answers 1


You can make the argument but it is not a winner. The case is at issue when the pleadings are closed. Many judges wont set a matter for trial until discovery is completed but that's bc they have so many cases and are back logged.

My suggestion is to hire a lawyer. They cost $400 a month for foreclosure defense and you can really hurt yourself if you dont file affirmative defenses.

Disclaimer: no communications on AVVO or email should be considered to have created an attorney-client relationship or be construed as legal advice. This is for educational purposes only. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied.