[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Position] [Law Firm or Court Name] [Address] [City, State, ZIP Code] Re: Motion to Dismiss for Want of Prosecution — [Case Name/Number] Dear [Recipient's Name], I hope this letter finds you well. I am writing as counsel for [Your Client's Name], the defendant in the above-mentioned case, to request a Motion to Dismiss for Want of Prosecution. The purpose of this letter is to outline the pertinent reasons for seeking dismissal of the case based on the plaintiff's failure to diligently pursue and prosecute their claims. Firstly, I would like to acknowledge that Rule [Insert Applicable Florida Rule Number] of the Florida Rules of Civil Procedure provides for the dismissal of cases when the plaintiff fails to prosecute diligently. In our case, we firmly believe that the plaintiff's inaction and lack of progress have resulted in an unnecessary delay in the resolution of this matter. Secondly, despite the passage of considerable time, the plaintiff has failed to take any meaningful steps toward advancing the litigation. Their lack of action is evidenced by the absence of filed pleadings, limited discovery requests, and a noticeable lack of effort to engage in settlement negotiations or mediation, as required by court rules. We request the court's attention to the following key factors supporting our Motion to Dismiss for Want of Prosecution: 1. Lack of activity: This case has been pending for [insert duration], during which time the plaintiff has failed to file any substantive documents or attend court hearings, resulting in a standstill in the proceedings. 2. Absence of communication: The plaintiff has failed to communicate with both our client and the court regarding the progress or lack thereof in this case, despite multiple attempts to initiate dialogue and seek resolution. 3. Failure to comply with court rules: The plaintiff has demonstrated a lack of diligence in complying with court rules related to case management, discovery, and timely responses to correspondence. Based on the aforementioned circumstances, we respectfully request that the court grant our Motion to Dismiss for Want of Prosecution. Alternatively, we request the court to issue an order requiring the plaintiff to show cause within a specified period as to why the case should not be dismissed due to their lack of prosecution. Should the court grant our motion, we kindly request that it, in its discretion, impose reasonable conditions on any potential reinstatement of the case, such as reimbursement of our client's reasonable costs and attorney's fees incurred due to the plaintiff's inaction. Please consider this letter as our formal request for immediate action to address the lack of prosecution in this case. We kindly request a prompt response from the court to expedite the resolution and provide our client with the justice and closure they rightfully deserve. Thank you for your attention to this matter. We look forward to receiving the court's response regarding the status of this case. Yours sincerely, [Your Name] [Your Title] [Law Firm Name]
Florida Sample Letter for Motion to Dismiss for Want of Prosecution
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How to fill out Sample Letter For Motion To Dismiss For Want Of Prosecution?
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FAQ
Because the prosecutor filed the charge, they also have the discretion to dismiss it if they believe the facts and circumstances warrant it. Likewise, a judge can dismiss the case if they find no legal basis for the charge, if the defendant's rights have been violated, or if the state has failed to prove its case.
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, ...
The motion to dismiss is a defendant's request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice.
Rule of Civil Procedure 1.420(e) provides that if is no record activity occurs within sixty (60) days immediately following the service of the Notice of Lack of Prosecution and no stay has been entered or approved by the Court or good cause shown, the action shall be dismissed by the court on its own motion or on ...
Rule of Civil Procedure 1.420(e) provides that if is no record activity occurs within sixty (60) days immediately following the service of the Notice of Lack of Prosecution and no stay has been entered or approved by the Court or good cause shown, the action shall be dismissed by the court on its own motion or on ...
Requirements for a Motion to Dismiss In addition to caption requirements, the motion must: (1) be in writing; (2) be signed by the party or party attorney making the motion; (3) state the grounds on which it is based; (4) be served on the adverse party; and (5) be alleged specifically and be sworn to by the defendant.
Florida's ?two-dismissal rule? holds that a second voluntary dismissal will operate as a denial of adjudication ?of any claim for benefits previously subject to voluntary dismissal.? In other words, if your claim is dismissed twice, that specific claim is forever barred from being brought again.
?Dismissed for want of prosecution? or DWOP means your case is dismissed by the judge because nothing has happened in your case for a while or you missed a hearing or trial (of which you had notice).
