Legal Question in Civil Litigation in Florida

what justifys filing a motion to dismiss a case?
I am a defendant and President of a non profit Corporation in a Civil Suit filed in Nov. 2001 where the Plaintiff a former memeber of the B.O.D. has alleged that I as the director has mis-applied and wasted corporate assets and wants the corporation dissolved. This suit has run the complete gamut of ''Discovery'' for both sides up to the point where I was recently scheduled to give a deposition and that was cancelled by the Plaintiffs Attorney. To date, the plaintiff has not produced any evidence or records of any kind to justify his false allegations. I feel that this case has unnecessarily been allowed to go on too long based on the fact that allegations are being made and no evidence has been produced to justify a continuance of this case. How do I get my Attorney to file a motion for summary judgement to try and have this case dismissed on those grounds? What is a ''Rules 11 motion to start a 21-day safe harbor provision running'' and can this apply to this case to help me have my Attorney press the issue for the Plaintiff to ''put up or shut up'' or agree on a dismissal?

Asked on 10/18/03, 2:21 am

David Slater David P. Slater, Esq.

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Re: what justifys filing a motion to dismiss a case?

Since you have an attorney the appropriate course is to speak with him.

Answered on 10/18/03, 7:04 am

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