This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Motion To Strike Example In Miami-Dade
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State:
Multi-State
County:
Miami-Dade
Control #:
US-00002BG-I
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If a party deems any pleading or part thereof filed by another party to be a sham, that party may move to strike the pleading or part thereof before the cause is set for trial and the court shall hear the motion, taking evidence of the respective parties, and if the motion is sustained, the pleading to which the motion ...
C.C.P. § 436 allows for a motion to strike “any irrelevant, false, or improper matter asserted in any pleading” or portion of a pleading “not drawn of filed in conformity with the laws of this state.” A motion to strike is proper “when a substantive defect is clear from the face of a complaint.” (PH II, Inc.
Your Landlord MUST Use the Court Process To Evict You In Florida, you are required to move out only after the police put papers called a Writ of Possession on your door. Once the Writ is posted you could be evicted after 24 hours have passed.
A motion to strike a defense under Rule 1.140(b) must be brought within 20 days after service of the pleading.
A motion to dismiss asks the court to dismiss either whole or part of a complaint, counterclaim, or crossclaim. Motion to strike or "Demurrer": In some jurisdictions, a motion to strike or a "demurrer" is the equivalent to a motion to dismiss for failure to state a claim upon which relief can be granted.
Motion to Strike Example Plaintiff supermarket alleges it has a contract with its subtenant (say, a bank or a coffee shop), the landlord knew of the contract and induced the subtenant to breach its sublease with plaintiff to take open retail space owned by the landlord in the same shopping center as the supermarket.
What happens next? If we filed the motion to strike in a trial court, then we will set the motion to be heard by a judge or magistrate, and be ruled upon. If we filed it in an appeals court, the appeals court will read the motion and offending document and will rule on it without hearing.
(f) Motion to Strike. A party may move to strike or the court may strike redundant, immaterial, impertinent, or scandalous matter from any pleading at any time.
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A sample motion to strike under Florida Rule of Civil Procedure 1.140 or 1.150 for use in civil litigation in Florida circuit courts. This case provides a perfect example.Disgorgement of the defendant's profits—the principal relief Plaintiff seeks—is an equitable remedy, not a legal one. The Appellant moves to strike the State of Florida's Notice of Cross Appeal, and in support of her motion states: 1. Filled a motion to strike. How long will take to the judge to take a decision on my favor ? Institutional Repository. DONE AND ORDERED in Chambers at Miami-Dade County, Florida this XX day of. Ask your own question. An outofstate lawyer is on the phone.