Legal Question in Civil Litigation in Florida

I am a defendant in a civil suit. We have not even got to depositions yet. It is going very slowly because of extensions of time have constantly been asked for all parties involved. We are just finishing up on answers to the parties interogatories.
This lawsuit was filed with two FL Statutes that do not exist - FL Statute 722.103 and FL Statute 722.102 (1) et seq -- and have never existed. This information was from Tallahassee. These were filed as law for damages in excess of $15,000.
They also referenced for equitable relief Article V 20(c)(3) of the Florida Constitution.
Since the plaintiff's filed with Fl Statutes that do not and have never existed could I file a Motion to Dismiss based on this?

Asked on 9/13/09, 3:23 pm

Sarah Grosse Sarah Grosse, Esquire

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You can. The Plaintiff with just correct the pleading and re-file it.

Answered on 9/13/09, 3:29 pm

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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Yes. The judge will let the plaintiff correct the error.

Answered on 9/13/09, 4:45 pm

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