A motion to dismiss for failure to state a cause of action will be granted only if the movant establishes that the pleader has failed to properly plead all of the necessary elements of the particular claim. This hinges on the substantive law for the different elements of different causes of action.
With the exception of motions filed pursuant to rule 9.410(b), a party may serve 1 response to a motion within 15 days of service of the motion. The court may shorten or extend the time for response to a motion.
The Florida Courts E-Filing Portal is a single statewide website where users can file court documents in Florida's trial and appellate courts. E-filing is the electronic filing of documents to the clerk's office.
Things You Should Know Write your legal argument by stating the rule and explaining how your facts apply to it. Then, add your signature, a Certificate of Service, and a Notice of Hearing. File your motion with the clerk of court overseeing your case. Then, give copies to each defendant.
To make a request contact the Clerk's office by mail or in person at Miami-Dade County Courthouse or by email at cocoffrec@miamidade.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
What is order on motion to determine rent Florida? Within the five (5) day statutory timeframe, the Tenant may file a Motion to Determine Rent. This Motion requests the Court/Judge to determine how much rent is actually owed and how much, if any, should be deposited into the Court's Registry.
The Appeals Unit is located on the 3rd floor of the Miami-Dade County Courthouse East Building. Notices or Petitions are to be filed with the Civil Division, Appeals Unit, 22 NW 1st Street Miami, FL 33128 Room 301.
When the Court of Appeal makes a decision, the court clerk sends notice of the court's opinion or order to all parties in the case. If a party does not have a lawyer, the court sends notice to the party. If a party has a lawyer, the court sends notice to their lawyer.
Established by Congress in 1981, the United States Court of Appeals for the Eleventh Judicial Circuit has jurisdiction over federal cases originating in the states of Alabama, Florida and Georgia. The circuit includes nine district courts with each state divided into Northern, Middle and Southern Districts.