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After the motion is filed, the parties will go to court for a order of dismissal hearing, where they'll have the opportunity to explain their case and answer any questions asked by the judge. After listening to both parties, the judge then decides to grant or deny the motion.
An action is ready for trial, or is \u201cat issue,\u201d after any motions directed to the last pleading have been disposed of, or, if no motions have been served, [20] days after service of the last pleading.
Thus, the rule provides that a party may serve notice that a case is ready to be set for trial once the case is \u201cat issue.\u201d If the case is at issue, the trial court must then \u201center an order fixing a date for trial.\u201d The trial court is to set the date of trial so that it is at least 30 days after the notice, though not ...
Florida Rule of Civil Procedure 1.070 (j) states that a complaint must be served upon the defendant within 120 days after the complaint is filed. If it is not served within this time frame, a motion to dismiss is appropriate and the case is dismissed without prejudice.