QUESTION
If I lose at Summary Judgment on all issues, is there still a trial?
Asked on Jul 23rd, 2015 on Foreclosures - Florida
More details to this question:
I was told by an attorney, that: "Even if I were to lose at Summary Judgment, that the bank would then move to obtain a Trial Date based on the fact that they have already notified the court that the matter is ready for trial" (after the first Summary Judgment). But another attorney said that: Since the case had already been noticed as "at issue" the trial date should have been set for trial irrespective of whether there is a SJ motion filed.Please note Summary Judgment is for a Full judgment (not partial).
2 ANSWERS
Erik Brito Espinosa
If you lose your case at a Summary Judgment hearing and all issues/counts are addressed there would be no need for a trial. If trial was already scheduled, it will be canceled - there would be no issues left for trial the case would already be closed.
Answered on Jul 28th, 2015 at 1:21 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
If they win the SJ, there is no reason for trial.
Answered on Jul 27th, 2015 at 2:26 PM