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  1. #1
    Join Date
    Jan 2008

    Default Partial Summary Judgment

    My question involves court procedures for the state of: Florida

    I am involved in a lawsuit between landlord and tenant. This is for a commercial lease. I sold a business 7 yrs ago and it was sold twice more in that time period. The last tenant defaulted on the lease and closed the business. The landlord is now suing all of the previuos owners. I am being sued for a personal gurantee in which it states that it expired after the first 24 months.....which was satisfied. I answered the summons making that point as my defense. I have now recieved a motion that was filed in court for Partial Summary Judgement stating that I did not raise any affirmative defenses to the Plantiff's Complaint.

    What happens next? Any advice on what I can do?


  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Partial Summary Judgement

    You would answer their motion and bring an appropriate motion of your own, most likely alleging that you raised the appropriate affirmative defense(s) by implication in your answer (assuming you did) and requesting the court's leave to formally raise them despite having missed any deadline. You should consider bringing a lawyer on board.

  3. #3
    Join Date
    Jan 2008

    Default Re: Partial Summary Judgment

    I cannot afford an attorney so I will acting on my own behalf. I have now received a notice for a hearing. I also received a notice that the platiff is releasing two of the defendents with prejudice. Myself along with one of the other defendents signed the exact contracts and documents that the two defendents did that were released. This I don't understand. I would guess that my answer to the complaint was not sufficent enough for the plantiff. My question does a hearing work. Can I send in a written reply or do I absolutely need to be present?

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