Legal Question in Civil Litigation in Florida
Filed suit against neighbor for Real Property damage, encroachment, his contractor did some damage, but he personally did majority of damage, and he built a fence on my property, he motioned to dismiss for not stating claim for relief because the third party is responsible. Should i amend complaint and just leave the contractor out since neighbors actions alone are surely sufficient to state a claim upon which relief may be granted
2 Answers from Attorneys
Impossible to answer you without seeing the complaint to determine whether it is deficient and how to correct. You really need an attorney to review the claim and make sure you have the correct parties. Even if the contractor, the agent for the owner, caused the damage the owner likely can be responsible. Proper pleadings to that effect are required.
I would have to see the pleadings and the Motion to Dismiss, but best you have a lawyer try to help you with this matter. Feel free to call or email if you wish to discuss further.
Scott Behren
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