1) If the defendant fails to file a response and fails to appear at the hearing, the court will render a judgment for the plaintiff on the same day.
2) If the defendant fails to file a response but appears at the hearing, the court will hear any defense and proceed to adjudicate or mediate the case on the same day.
3) Failure of the plaintiff to appear will result in dismissal of the claim without prejudice, while failure of the defendant to appear is equivalent to not filing a response.
1) If the defendant fails to file a response and fails to appear at the hearing, the court will render a judgment for the plaintiff on the same day.
2) If the defendant fails to file a response but appears at the hearing, the court will hear any defense and proceed to adjudicate or mediate the case on the same day.
3) Failure of the plaintiff to appear will result in dismissal of the claim without prejudice, while failure of the defendant to appear is equivalent to not filing a response.
1) If the defendant fails to file a response and fails to appear at the hearing, the court will render a judgment for the plaintiff on the same day.
2) If the defendant fails to file a response but appears at the hearing, the court will hear any defense and proceed to adjudicate or mediate the case on the same day.
3) Failure of the plaintiff to appear will result in dismissal of the claim without prejudice, while failure of the defendant to appear is equivalent to not filing a response.
Effect of Failure to The court , motu propio or on 1. If the DEFENDANT:
ANSWER/RESPONSE motion of the plaintiff, shall render i. fails to file his Response within judgment the required period; AND ii. also fails to appear at the date of the set for hearing, the court shall render judgment on the SAME DAY. *Both requisites must be present 2. If the DEFENDANT fails to file his Response within the required period BUT he appears at the date set for hearing, the court shall ascertain what defense he has to offer and proceed to hear, mediate or adjudicate the case on the SAME DAY as if a Response has been filed. Effect of Failure to APPEAR 1. The failure to appear of the 1. The failure of the PLAINTIFF to PLAINTIFF in the Preliminary appear at the hearing shall be a Conference (PC) shall be a cause cause for the dismissal of the claim for dismissal of his complaint. without prejudice. The DEFENDANT 2. If the DEFENDANT appears in the who appears shall be entitled to PC and the PLAINTIFF does not, the judgment to his Permissive DEFENDANT shall be entitled to Counterclaim (not compulsory judgment on his counterclaim (the counterclaim) court, motu propio or on motion, 2. Failure of the DEFENDANT to shall render judgment). appear shall have the same effect 3. If there is only one DEFENDANT as a failure to file a Response (see and he fails to appear in the PC, it no. 1 above). This rule shall not shall cause the PLAINTIFF to be apply when other DEFENDANTS entitled to judgment (the court, who are sued under a common motu propio or on motion, shall cause of action and have pleaded a render judgment). common defense appear at the 4. Judgment shall not be rendered hearing. where one of two or more 3. Failure of BOTH PARTIES to DEFENDANTS who are sued under appear shall cause the dismissal a common cause of action and who With Prejudice of both the claim have pleaded a common defense and counterclaim. shall appear at the PC. Rendition of Judgment/Decision Within 30 days after receipt of the After the hearing, the court shall last affidavits and position papers render its decision on the same OR the expiration of the period for day. filing the same, the court shall render judgment.
Falls Chase Special Taxing District Elba, Inc. Sunshine Land Development, Inc. and E. Lamar Bailey Associates v. City of Tallahassee, 788 F.2d 711, 11th Cir. (1986)