Floyd is in the middle of another trial in a lawsuit brought by his mother, Carolyn McClain.
Floyd, her husband and their three sons have all pleaded not guilty.
In November, McClain’s lawyers filed a motion to dismiss the case.
Floyd was sentenced to eight years in prison, but his lawyers argued he should serve at least five years.
A judge recently ruled he should be allowed to serve out the remaining three years.
McClain sued Floyd on her own and her lawyer has argued the sentence was too light, and her daughter’s death was due to medical neglect.
The judge dismissed the case, but the court will consider McClain and her claims later this year.
A hearing on the case is scheduled for February.
Floyd’s lawyers say his lawyer’s motion to have the case dismissed was frivolous and the case should be dismissed.
Floyd has maintained his innocence, saying the allegations in the suit are false and made up.
McCourtls attorney, Jason Bickmore, says he believes the case will ultimately go to trial.
“This is about money and justice,” he said.
The case has generated a lot of publicity in the city, where a number of people have been arrested on drug-related charges.
Floyd faces at least 20 felony charges, including possession of a controlled substance with intent to distribute.
McCollins attorney said his client and her family are hoping to have a plea agreement reached soon.