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William A. Roper, Jr.
There is an interesting story in the Palm Beach Post by reporter Kimberly MILLER about the abandoned Palm Beach County cases by the David Stern Law Firm:

Palm Beach Post: "9,000 dropped foreclosure cases from Plantation law firm now in limbo in Palm Beach County" (Thursday, March 17, 2011)

http://www.palmbeachpost.com/money/real-estate/9-000-dropped-foreclosure-cases-from-plantation-law-1328630.html


This would be an excellent time to be serving Requests for Admissions on the attorney of record!

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The question that comes to my mind is this – can a Defendant file for an MSJ on the theory that the Plaintiff and Plaintiff’s counsel have failed to follow the Rules by not withdrawing current counsel and substituting new counsel?  Can the Defendant ask for dismissal with prejudice on the basis that the Plaintiff has failed to prosecute the case?    

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Good Question. I am interested. What if the shoe was on the other foot as well????

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I know in Florida, as in most jurisdictions, there is a rule whereby the court will dismiss a case if either side fails to prosecute.  I believe in Florida it is six-months of inactivity.

This would also be a great opportunity for the Florida courts to clear the docket. 

 

Mr. Roper should be along soon and offer up the answer(s)

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Way to Go,  Your right. I know in my county it's a year of no activity. I know a few people whos cases were dismissed for Lack of Procecution... And no one has refiled yet. And if I am not mistaken; you can proceed with Quiet Title after five years from the last day you made your last payment.

This will be interesting....
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