This motion pertains to the sufficiency of a pleading, as opposed to the merits of the case. See Burns v. Equilease Corp. Florida is a fact-pleading jurisdiction, meaning the defending party must articulate ultimate facts supporting the defenses. See Hulley v. Cape Kennedy Leasing Corp. The motion does not and should not incorporate evidence. See Gonzalez v. NAFH Nat. Bank , 93 So. Importantly, timing is critical for a motion to strike defenses.
Failure to timely move to strike improperly pled defenses might leave a party to the more narrow motion to strike under Rule 1. See Bay Colony Office Bldg. Joint Venture v. Wachovia Mortg. If the statute of limitations has expired, the plaintiff cannot sue the defendant. For example, say a plaintiff was injured 5 years ago. The plaintiff files a negligence case against the defendant 5 years after the defendant injured the plaintiff.
The statute of limitations requires a plaintiff to bring a negligence case within 2 years of the injury. The defendant can file a Motion to Dismiss and ask the court to throw out the entire case.
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Worried about doing this on your own? You may be able to get free legal help. Apply Online. Note: Covid is changing many areas of the law. Visit our Covid articles for the latest information. Motion to dismiss. Displaying information for [ change ]. Reasons to file a Motion to Dismiss When a Motion to Dismiss is filed, the defendant must include information that explains their request.
For example, the plaintiff did not attach a copy of the contract to the complaint; The complaint needs more detail; The complaint contains irrelevant information that should be taken out; Necessary parties should be added; or Unnecessary parties should be dismissed.
Other defects and defenses that can cause a Motion to Dismiss include: Lack of jurisdiction Lack of legal capacity of plaintiff or defendant Another case is pending between the same parties for the same thing This case was already decided between the parties Statute of limitations Discharge in bankruptcy Satisfied or released judgment The defendant is a minor , or under disability Below are some of the most likely reasons used by a defendant in a Motion to Dismiss.
Passing of statute of limitations A statute of limitations sets a period in which the plaintiff has to file a lawsuit. Uber Techs. See Haley v. Teachers Ins. It is not hard to see why class certification should be determined at the later stage as set forthin the Federal Rules of Civil Procedure, and not on a motion to strike.
The later stage allows discovery to take place, and the parties and the Court to rely upon a developed factual record. While defendants may claim that deferring the class certification determination subjects them to higher costs and burdens, courts can, and do, balance those burdens with appropriate discovery.
Class certification can be and is presented promptly at an early stage. It is just not appropriate for a determination on the pleadings without an appropriate factual record.
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