Legal Question in Civil Litigation in Florida
If defendant neglects do deny most allegations made against him in complaint, but motions to dismiss, would those allegations be considered admitted if complaint survives dismissal. If you answer is " Ask a Lawyer" please refrain from answering this inquiry.
Asked on 12/20/15, 5:55 am
3 Answers from Attorneys
Barry Kaufman
The Law Office of Barry W. Kaufman
Asking a question is one thing, but this is like the 4th time you've asked the same question. No attorney can answer your question without reading your complaint and the motion to dismiss. Find a lawyer, pay him some money, and get your question fully resolved.
Answered on 12/20/15, 6:05 am
David Slater
David P. Slater, Esq.
The answer is "no". The court will order him to file an answer.
Answered on 12/20/15, 7:54 am
Barry Stein
De Cardenas, Freixas, Stein & Zachary
If the motion to dismiss is denied, the defendant gets an opportunity to respond to each of the allegations in the complaint. They are not deemed admitted.
Answered on 12/20/15, 10:27 am