I filed a lawsuit in Miami, Florida for damages, allegations of misappropriating funds, false name usage, harrassment, theft by deception, false billing. I asked for a trial by jury in my initial complaint and the "flurry of motions" is running its course. Now, I have a date for a "motion to dismiss" filed by the attorney(s) for the defendant and I will need to argue that the case not be dismissed and move forward to jury trial.
HOW or WHAT do I do in regards to "arguing" that the matter NOT be dismissed?
2006-06-24 03:10:51 · 8 answers · asked by ••Mott•• 6 in Politics & Government ➔ Law & Ethics
What is their Motion to Dismiss based on? Did you fail to state a proper claim, get proper service, file after the statute, wrong court, wrong defendent...? A Motion to Dismiss is usually filed claiming that the Plaintiff failed to state a claim. You need to find case law that supports that you did whatever properly...
You really should seek counsel in Dade County~they will eat you alive.
2006-06-24 06:28:33 · answer #1 · answered by soplaw2001 5 · 1⤊ 0⤋
A motion to dismiss can be made on several grounds. Look it up in Florida Rules of Civil Procedure probably rule 12(b), if you are in Florida state court. Figure out what reason they are seeking a dismissal. Then, like the other post says file an opposition to motion to dismiss stating specific factual grounds. Find a sample one on line or from a law firm, ect.
2006-06-25 12:40:04 · answer #2 · answered by bestanswer 2 · 0⤊ 0⤋
The defendant's attorneys are going to argue to dismiss the case base on (?). Whatever it is (lack of evidence, perhaps), the judge will allow both sides to present their argument regarding the validity of the case.
The motion should list why they're attempting to have the charges dismissed.
2006-06-24 10:23:51 · answer #3 · answered by slagathor238 5 · 0⤊ 0⤋
File an objection to the Motion to Dismiss... for example:
IN THE ________ COURT OF ________ COUNTY, FLORIDA
_______________,
Plaintiff,
V.,
______________,
Defendant.
OBJECTION TO DEFENDANT'S MOTION TO DISMISS
COMES NOW,your Plaintiff, __________, and respectfully moves this Honorable Court to deny the Defendant's Motion to Dismiss, and as grounds states the following:
1. _______________________________
Then you state your grounds.... I do this all the time.... then you send it to the appropriate Clerk of Court, and then the Judge reviews it....its not that hard.
2006-06-24 22:20:34 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Seriously.
2006-06-24 10:15:43 · answer #5 · answered by gabluesmanxlt 5 · 0⤊ 0⤋
file your own motion in opposition, respond to each of their arguments
2006-06-24 10:22:28 · answer #6 · answered by Top 99% 3 · 0⤊ 0⤋
if you are looking for a serious answer and have resulted to asking in this forum then I would suggest that you just let it go to a mistrial...
2006-06-24 10:17:11 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I suggest getting a lawyer.
2006-06-24 10:14:27 · answer #8 · answered by KB 6 · 0⤊ 0⤋