Motion Practice: Motions to Dismiss (FL)

by Practical Law Litigation

A Practice Note explaining the use of motions to dismiss under Rule 1.140(b) of the Florida Rules of Civil Procedure in a Florida circuit court civil action. Specifically, this Note explains what a motion to dismiss is, when a defendant may move to dismiss, why a defendant would (or would not) want to move to dismiss, the grounds for bringing a motion to dismiss, including lack of subject matter or personal jurisdiction, insufficient service of process, failure to state a claim on which relief may be granted, and failure to join a necessary party. This Note also addresses how to draft, file, and serve a motion to dismiss, its possible outcomes, and strategic factors to consider, like the nonmoving party's ability to respond by amending the complaint.