In any lawsuit, there could also be sure kinds of procedural maneuvers that will alter how your case proceeds. One of many keys to success, then, is making the right maneuvers in response to the actions taken by the opposite aspect in your case. Your opponent could attempt to persuade the choose in your industrial litigation case that it’s, for instance, entitled to a dismissal when it truly isn’t. To make certain your case doesn’t get wrongfully derailed earlier than you even get to trial, make sure you might have the expert and expertise of a educated South Florida industrial litigation lawyer in your aspect.

For instance, take this recent case from Broward County. Within the lawsuit, a New Jersey-based entity and a Maryland-based entity had been concerned in a authorized motion that included a number of industrial claims, together with “fraud, breached fiduciary duties, transformed funds, and deliberately interfered with an advantageous enterprise relationship.”

On this swimsuit, the plaintiffs requested the trial choose to sever the claims in opposition to the Maryland entity and one particular person defendant from these in opposition to all different defendants. The choose dominated within the plaintiffs’ favor.

After that, nevertheless, the plaintiffs didn’t take any extra motion for an prolonged time. Seeing a chance, the defendants requested the choose to dismiss due “lack of prosecution.” Dismissal for lack of prosecution is one thing that has some particular necessities in Florida. First off, the proof should present that there’s been “no report exercise” for a interval of at the least 10 months and that there’s been no keep within the case. That, nevertheless, solely entitles the aspect searching for dismissal to the issuance of a “Discover of Intent to Dismiss,” which supplies the opposite aspect 60 days to take motion or receive a keep… or else face dismissal.

There are literally many completely legitimate the explanation why a plaintiff that may be very critical about its case could take no motion for a lot of months. If you’re the celebration in that place, you continue to have sure rights underneath the foundations, and a failure to observe these guidelines could help you use that failure to revive your case even after the trial choose dismissed it.

No ‘Discover of Intent’ Meant No Entitlement to Dismissal

That’s what occurred on this case. The 2 defendants moved for dismissal and the trial choose granted it. The appeals court docket reversed that dismissal, concluding that the procedural guidelines weren’t adopted. What was the flaw? The plaintiffs by no means obtained a “Discover of Intent to Dismiss.” With out that, the ultimate deadline “clock” for the plaintiffs by no means began working. The legislation says clearly {that a} celebration could have its case dismissed provided that it took no motion in a “affordable time” after receiving the discover. With out the discover, there can’t be a dismissal for lack of prosecution.

Profitable on the info, successful on the legislation and successful on the foundations of process are every vital parts of a profitable civil lawsuit, whether or not you’re a plaintiff or a defendant. To finest advance your enterprise’s pursuits, retain the expert South Florida commercial litigation attorneys at Stok Kon + Braverman. Our educated legal professionals have been serving to shoppers to achieve constructive leads to industrial litigation actions for a few years.

Contact us on-line or by calling (954) 237-1777 to schedule your session and learn how this agency can assist you.


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