Plastic2Oil Inc (PTOI)

[Johnik]

And just for being rude, I'm going to point out the other errors in your post.

Apparently some don't know the law. If there hasn't been a response by JBI, that means big trouble. In florida, you have 21 days to respond to a lawsuit. If you don't respond within 21 days, you lose by default. No appeals, no nothing, you lose period. Then the suit moves on to the judgement phase to determine damages. Usually, if the defendant doesn't respond and loses by default, they get hit with the max damages.

So there is only two possiblities at this point. It's possible that the court didn't enter JBI's response, or they simply failed to respond which would decimate the company.

(1) In Florida state court, the general rule is that a defendant has 20 days from service of process to serve an answer upon the plaintiff, not 21 days.

http://phonl.com/fl_law/rules/frcp/frcp1140.htm

(2) You don't just "lose period." First, you can move to set aside the default.

http://phonl.com/fl_law/rules/frcp/frcp1500.htm

(3) If judgment enters, you can move for relief from judgment.

http://phonl.com/fl_law/rules/frcp/frcp1540.htm

(4) No appeals, you say? Of course you can appeal from a court's denial of your request to set aside a default. Here is one such Florida case.

http://scholar.google.com/scholar_case?case=8493684115853086726&q=28+So.3d+166&hl=en&as_sdt=40000002

Again, based solely on the docket, JBI et al. cannot be defaulted because there is no return of service reflected on the record. Without service of process (assuming, again, that there has been none), the case goes nowhere, and will eventually be dismissed by the court once it comes up for status review.