Legal Question in Civil Litigation in Florida

what is a motion to strike affirmative defenses brought by the plaintiffs in a civil action and is it used to somehow dismiss the action? i am trying to get status in a case and the motion has been scheduled for November 22, 2010 and I am afraid that my motion to intervene will not be heard before then.


Asked on 9/20/10, 9:26 am

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

The Plaintiff's Motion to Strike affirmative defenses is used to prevent these arguments to be made by the Defense. If granted, the Defendant needs to rely upon only the defenses properly plead, which will not include any sticken claims, and you will be barred from bringing these defenses in again, unless the court permits, which is unlikely. This makes it easier for the Plaintiff to prevail on a Motion for Summary Judgment or Summary Disposition, which essentially dismisses the case, with or without prejudice. It sounds like you are in way over your head. You need to hire an attorney, soon.

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Answered on 9/25/10, 11:15 am


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