Legal Question in Civil Litigation in Florida
My civil complaint was motioned for dismissal by defendant, I plan to amend complaint, and oppose dismissal , which should be done first and how will amending complaint affect defendants motion to dismiss
Asked on 12/19/15, 3:45 pm
2 Answers from Attorneys
Barry Stein
De Cardenas, Freixas, Stein & Zachary
You likely need Court approval to amend the complaint since a Motion to Dismiss has been filed. if you believe your complaint is deficient file your Motion to File An Amended Complaint and it will made the Motion to Dismiss the current Complaint moot or of no value. The Defendant will be given an opportunity to file a new Motion or other pleading to your amended complaint once the Court allows you to file. You need an attorney to assist with these things.
Answered on 12/20/15, 12:53 pm
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