Default Orders

[Kissimmee]

What is the name of your state (only U.S. law)? Florida


I filed a motion to dismiss, serverd the other party by way of the sheriffs office, summons required a response within 40 days, no response filed.
Filed a motion for default along with the order. Clerk filed motion, granted motion, entered default.
Judge still moving case forward.

Question:
Once a default is entered doesn’t the court lose jurisdiction in the case other than entering the dismissal order, and or coming back and hearing a motion to set aside default? but does not have jurisdiction to enter any other orders?

What case law or statue can I push at him to shut him down?

[Gracie3787]

Originally Posted by Kissimmee

What is the name of your state (only U.S. law)? Florida


I filed a motion to dismiss, serverd the other party by way of the sheriffs office, summons required a response within 40 days, no response filed.
Filed a motion for default along with the order. Clerk filed motion, granted motion, entered default.
Judge still moving case forward.

Question:
Once a default is entered doesn’t the court lose jurisdiction in the case other than entering the dismissal order, and or coming back and hearing a motion to set aside default? but does not have jurisdiction to enter any other orders?

What case law or statue can I push at him to shut him down?

You're going to need to explain the situation some more.

Please explain the situation from the beginning.
Such as what was filed, who filed, are there any existing court orders, etc?

[Kissimmee]

Okay here goes,
Case is an out of state request from the state of Virginia asking Florida to modify the current support order.
The case was first filed in Orange County on 10-10-06, I fought with the Dept of revenue and the courts telling them they didn’t have personal jurisdiction and in July of 08 they gave in and transferred the case to Osceola County.
The case sat in Osceola Count for almost a year with no action. I filed a motion to dismiss for lack of prosecution. I had the Dept of revenue severed by the Leon County Sheriff’s office and the summons required a response within 40 days. The proof of service was filed and default motion was filed for the lack of response. The clerk granted the default motion and entered an order of default. The Dept of revenue then started filing motions trying to move the case forward. I have tried to stop them but this judge is new to the bench and has no clue what he’s doing.
Do to the fact the default was entered that in and of itself should have divested the jurisdiction of the court to make any orders other than the entry of the default.

[Gracie3787]

Originally Posted by Kissimmee

Okay here goes,
Case is an out of state request from the state of Virginia asking Florida to modify the current support order.
The case was first filed in Orange County on 10-10-06, I fought with the Dept of revenue and the courts telling them they didn’t have personal jurisdiction and in July of 08 they gave in and transferred the case to Osceola County.
The case sat in Osceola Count for almost a year with no action. I filed a motion to dismiss for lack of prosecution. I had the Dept of revenue severed by the Leon County Sheriff’s office and the summons required a response within 40 days. The proof of service was filed and default motion was filed for the lack of response. The clerk granted the default motion and entered an order of default. The Dept of revenue then started filing motions trying to move the case forward. I have tried to stop them but this judge is new to the bench and has no clue what he’s doing.
Do to the fact the default was entered that in and of itself should have divested the jurisdiction of the court to make any orders other than the entry of the default.

Your situation is really beyond the scope of an internet forum.
You really need to speak to an attorney and may need to hire one. For now, you can get a low cost consult by calling the Florida Bar Lawyer Referral Service at 1-800-342-8011.

[Kissimmee]

To some degree, yes it is beyond the scope of this site.
However the question put forth is a basic question of:




Does the court lose jurisdiction once a default motion and order is granted?

[Gracie3787]

Originally Posted by Kissimmee

To some degree, yes it is beyond the scope of this site.
However the question put forth is a basic question of:




Does the court lose jurisdiction once a default motion and order is granted?

There isn't 1 correct answer to your question. Which is why you really need to speak to an attorney who can review all of the documents and give you an answer.

[Ronin]

You requested the case be dismissed for want of prosecution. This was granted.

But, unless the case was dismissed with prejudice, and barring any issues with statutes of limitations, the party against whom the case was dismissed would normally be able to refile the case.