Is there a limit on how many motions to dismiss I can submit before I have to answer the complaint?
I have one motion of dismiss denied saying that the court has to assume the pleading in the complaint is true which overrides the evidence I provided to show that the issue is moot.
Then I motioned a second time on lack of subject matter jurisdiction. According to Florida rule 1.140(b), which states "The grounds on which any of the enumerated
defenses are based and the substantial matters of law intended to be argued must be
stated specifically and with particularity in the responsive pleading or motion. Any
ground not stated must be deemed to be waived except any ground showing that
the court lacks jurisdiction of the subject matter may be made at any time. "
I take that as my right to motion a dismissal before answering but the court just strike my motion to dismiss even before hearing my motion and order me to answer in 10 days.
What am I missing?
I am thinking of appealing that order per rule 1.140(b).