in florida as pro per i filed a motion to dismiss a case against me for forclosure of a timeshare. i had an agreement to pay it off and i did infact pay it off. Plaintiff applied funds to a different unit and conccealed the payment as well as misrepresented the payments. the plaintiff did not respond to the motion or oppose it. however at hearing on the phone judge said this is probaly not what i want to do. i probably want oschedule it for a hearing becasue their is probably a conflict regarding fees. the plaintiff said nothing. and the judge ruled against the motion. can a motion to rehear this or was that the proper ruling if so why.
Thank you
Answer
Based upon the facts as you stated in your question, you have a case that you would prefer be heard on its merits at a motion for summary judgment or perhaps a trial.
A motion to dismiss only tests the sufficiency of the allegations of the complaint. If the complaint contains the elements of the cause of action then a motion to dismiss will be denied.
I strongly suggest that you gather all documents that you have supporting your case and all documents in the timeshare foreclosure. Discuss those documents with an attorney in your area that handles foreclosure litigation.
Best of luck.
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