Motion To Dismiss For Failure To State A Claim With The Pleadings
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How to fill out Motion To Dismiss Foreclosure Action And Notice Of Motion?
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FAQ
In Florida, a motion for judgment on the pleadings is a device used to request a judgment based solely on the pleadings without a trial. This motion can be filed after an answer has been submitted and asserts that there are no factual disputes. By filing a motion to dismiss for failure to state a claim with the pleadings, a party seeks to clarify that the opposing party has not sufficiently alleged a valid claim for relief.
For example, a party can make a motion to ask to allow him or her not to give the other side the discovery that was asked for. If a party thinks that a subpoena asks for documents that have nothing to do with the case, or asks for too much information, the party can make a motion to quash the subpoena.
If a plaintiff files a case in superior court and the facts in the complaint do not state a cause of action (that is, they give no legal basis for the defendant to be held responsible for any damages claimed by the plaintiff), the defendant may bring a demurrer asking that the case be dismissed.
The examples of motion include: running, cycling, jumping, swimming, eating, drinking, playing, writing, typing, moving cars, throwing ball. The examples of rest include: sleeping, sitting, standing, staring, lying, a fixed clock, bottle kept on a table, a stopped car.
One example of a failure to state a claim is when one party files a personal injury claim based on negligence. Negligence requires that the defendant breached their duty of care to the plaintiff.
The two main options are simply responding to the motion to dismiss by arguing that the claims attacked do sufficiently allege a claim for relief, or, alternatively, the plaintiff may amend the complaint to cure any deficiencies.