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Topic: motion to dismiss before pleading affirmative defense

Created on: 11/13/17 10:22 AM

Replies: 1

WING1


Joined: 11/07/15

Posts: 1

motion to dismiss before pleading affirmative defense
11/13/17 10:22 AM

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).

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JURISDICTIONARY


Joined: 11/23/13

Posts: 142

RE: motion to dismiss before pleading affirmative defense
11/13/17 2:53 PM

You need to obey the order and file an answer within 10 days.
Motions to dismiss are reviewed based on what the complaint says and the motion does not allow presenting evidence. That is the law in Florida. Complaint is taken as true FOR THE PURPOSE OF A MOTION TO DISMISS. If if fails to state a cause of action or otherwise falls short of being a proper complaint, that is another issue. An appeal will fail, and it will certainly not put you in good stead with the court because it is IMPROPER procedure and NOT IN MY COURSE EITHER.
Wishing you success, but this fight has just begun, so STUDY my course thoroughly for your own good, Wing1.

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