Florida Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute

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Multi-State
Control #:
US-02698BG
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Word; 
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Description

Rule 41(b) of the FRCP states:


If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this rule - except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19 - operates as an adjudication on the merits.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. For example, the Pennsylvania Rules of Civil Procedure state:


Rule 1901. Prompt disposition of matters; termination of inactive cases.


(a) General policy.-It is the policy of the unified judicial system to bring each pending matter to a final conclusion as promptly as possible consistently with the character of the matter and the resources of the system. Where a matter has been inactive for an unreasonable period of time, the tribunal, on its own motion, shall enter an appropriate order terminating the matter.

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FAQ

For a case to be dismissed ?with prejudice? means that the case is dismissed permanently, it cannot be brought back to court, and the charges cannot be refiled. A case that is ?dismissed with prejudice? is completely and permanently over.

A case dismissed with prejudice is considered a final ruling on the merits of that case. A case dismissed without prejudice is not considered a ruling on the merits and the plaintiff is free to file a new lawsuit on the same grounds if they wish to do so.

After a party seeking affirmative relief in an action has completed the presentation of evidence, any other party may move for a dismissal on the ground that upon the facts and the law the party seeking affirmative relief has shown no right to relief without waiving the right to offer evidence in the event the motion ...

What is the response to motion to dismiss for failure to state a claim? If a failure to state claim is dismissed, then the plaintiff would have a chance to revise their lawsuit. They would have 30 days to add any amendments to make the lawsuit meet the needed requirements.

Note that there are exceptions to this rule: dismissals for lack of jurisdiction, improper venue, or failure to join a party under FRCP 19 do not count as adjudications on the merits, and thus are considered dismissals without prejudice.

Under Rule 3.190, a Motion to Dismiss can be filed for a multitude of reasons, including, but not limited to, statute of limitations violations, pardons, failures to establish a prima facie case of guilt (factual insufficiencies), double jeopardy, prosecutorial immunity, discovery violations, prosecutorial misconduct, ...

Unless otherwise stated in the notice or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication on the merits when served by a plaintiff who has once dismissed in any court an action based on or including the same claim.

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Florida Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute