Resolution without a trial Flashcards
When a plaintiff doesn’t shop up to trial but a defendant who has filed a counter claim does, should the court dismiss both claims?
In Florida, when a plaintiff fails to appear at trial after proper notice, the action should be dismissed. However, if the defendant has filed a counterclaim, he should proceed to try the counterclaim if the plaintiff does not appear, and neither a default nor a directed verdict should be entered on the counterclaim.
Can a case be dismissed if the court has attached a piece of property?
In Florida, a party seeking affirmative relief ordinarily has the right to dismiss his action once without an order of court by serving a notice of dismissal at any time before a hearing on a motion for summary judgment or, if no motion for summary judgment is served or if the motion is denied, before retirement of the jury in a jury action or before submittal of a non-jury action to the court for decision. However, a case may not be voluntarily dismissed when property has been seized or is in court custody.
