N
Not Matlock
Guest
Dismissal During a Civil Hearing Possible?
What is the name of your state? Florida
I received via uncertified mail a notice to appear at a hearing as a defendent. When I appeared at the hearing, I found a full-fledged civil trial instead! Although listed as a defendent in the case, I have not received any notices regarding why I am a defendent, what the claim is, or any other information that would have allowed me to prepare.
The "hearing" proceeded through to the plaintiff resting his case. The entire case presented by the plaintiff is against the other defendent (who I do not know or have had no involvement with prior to this hearing).
What are my rights in this matter? It appears that due process was not followed in my regard, no claims were made against me before or during the plaintiff's case, and no evidence has been presented against me during the hearing (other than the plaintiff stating we have a previous history, but nothing regarding this current case).
The judge has continued the hearing to another day next week because it was getting late in the day. When the hearing is resumed, the other defendent's attorney will be presenting his client's case and calling witnesses at that time.
Because I was not (and still have not been) notified as to any claims against me - either beforehand or during the hearing - and no evidence was presented against me, can I
1) file for dismissal, even though the hearing is in process but the plaintiff has rested?
2) How do I find out how to do this?
3) Will a dismissal be the end of this, or should I expect another lawsuit if the plaintiff so chooses?
It appears the judge is treating each defendent as a separate entity. However, I am concerned that if I continue as a defendent, I will be forced to share in the outcome of the other defendent.
Because of money issues, I really can't afford legal counsel unless absolutely necessary.
Thank you for any assistance you may be able to provide!
What is the name of your state? Florida
I received via uncertified mail a notice to appear at a hearing as a defendent. When I appeared at the hearing, I found a full-fledged civil trial instead! Although listed as a defendent in the case, I have not received any notices regarding why I am a defendent, what the claim is, or any other information that would have allowed me to prepare.
The "hearing" proceeded through to the plaintiff resting his case. The entire case presented by the plaintiff is against the other defendent (who I do not know or have had no involvement with prior to this hearing).
What are my rights in this matter? It appears that due process was not followed in my regard, no claims were made against me before or during the plaintiff's case, and no evidence has been presented against me during the hearing (other than the plaintiff stating we have a previous history, but nothing regarding this current case).
The judge has continued the hearing to another day next week because it was getting late in the day. When the hearing is resumed, the other defendent's attorney will be presenting his client's case and calling witnesses at that time.
Because I was not (and still have not been) notified as to any claims against me - either beforehand or during the hearing - and no evidence was presented against me, can I
1) file for dismissal, even though the hearing is in process but the plaintiff has rested?
2) How do I find out how to do this?
3) Will a dismissal be the end of this, or should I expect another lawsuit if the plaintiff so chooses?
It appears the judge is treating each defendent as a separate entity. However, I am concerned that if I continue as a defendent, I will be forced to share in the outcome of the other defendent.
Because of money issues, I really can't afford legal counsel unless absolutely necessary.
Thank you for any assistance you may be able to provide!
Last edited: