Confusion and conflation of the different bases and motions to strike can result in missed opportunities and mistakes.
This article surveys and distinguishes various motions to strike under the Florida Rules of Civil Procedure, explaining when to use each type, and movant's burden for each such motion.
(1) The 1972 amendment to the rule made motions to strike legally insufficient defenses the province of subprovision 1.140(b).
Consider motions to strike scandalous or impertinent matter under Rule 1.140(f) like surgery performed with scalpels: potentially lethal (i.e., dispositive) but more useful in resecting an outlier, offensive lump of surface tissue.
The Rutter Group (Encino, CA) has published "Federal Summary Judgment and Related Termination Motions," a loose leaf title with CD that covers making or opposing motions to
terminate court proceedings under the federal rules of procedure, including motions for summary judgment, motions to
dismiss, and motions to
For example, in R & G, Inc v Midwest Region Foundation for Fair Contracting, Inc, the fourth district appellate court held that motions to
clarify and motions for findings of fact or law do not satisfy the requirements of either section 2-1203 or 303(a)(1) and therefore will not toll the time to file notice of appeal.
Instead, motions to
dismiss for lack of jurisdiction should be filed.
withdraw filed more than 30 days after the issuance of the mandate shall not be entertained unless based on a specific conflict of interest as set forth in section 27.703, Florida Statutes.
Chairs who understand the proper use of the motion to table and motions to
postpone will save a great deal of time in their meetings.
McVoy said the judge was merely ruling on the motions, which thereby gives a tenant permission to intervene, and upholds the stays against Regent Park and Hyde Park, the two properties which made motions to
vacate the stays against their tenants' MCI increases upon the Ansonia ruling.
Even in a case in which expedited relief may be appropriate, however, it is imprudent to file numerous motions to extend time for the filing of a brief and then, once the brief is filed, to the court and opposing counsel to expedite the case.
(4) There are also motions to dismiss that argue the appellant's acceptance of the benefits of a judgment estops the appellant from pursuing reversal on appeal.
Invariably, out-of-state counsel's response upon learning about motions to strike sham pleadings is, "How is that different from a summary judgment motion and why is it better for my client?" More often than not, the truth is that there is no real difference between the two and, to the extent there is a difference, your client may be better served by an old fashioned summary judgment motion.
True, summary judgment motions require a showing that there be "no genuine issues as to any material fact," (2) whereas motions to strike sham pleadings require a showing that the pleading is "a mere pretense, set up in bad faith and without color of fact," (3) or that it is "inherently false and, based on plain or conceded facts, clearly known to be false at the time the pleading was made." (4) As articulated, the two burdens seem to be quite different.
Getting back to the out-of-state lawyer on the phone and his question about motions to strike sham pleadings, you answer: "By and large, it's the same as a summary judgment motion and it probably won't make a difference to your client whether we file one or the other.