Legal Question in Civil Litigation in Florida

How do I answer a motion to dismiss on procedural grounds?

I have filed a civil action for an injunction to have an easement opened. There are two sets of defendants, and therefor two law firms to deal with. I have successfully answered two motions to dismiss on grounds of failure to state a cause of action and failure to join all parties.

Now, one of the law firms has made a motion to dismiss because I attached ''unnecessary documents'' to my pleading, and because I mistakenly called a mortgage a deed.

Should I even answer this? Are these really grounds for dismissal?


Asked on 10/02/08, 12:29 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: How do I answer a motion to dismiss on procedural grounds?

It does not sound particulatly persuasive to me. Just call it up for hearing and go argue the motion.

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Answered on 10/02/08, 1:09 pm


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