Legal Question in Personal Injury in Florida

motion to dismiss #of times?

in a PI/ civil case,,how many times can the defence make a motion to dismiss? also is it common to try dismiss a case based on a deposition


Asked on 12/05/07, 2:10 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: motion to dismiss #of times?

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As many times as they can find grounds to make the motion. Eventually the court (judge) will get tired and slap them with a sanction (penalty) if the motion is frivilous. If a motion is filed without merit, the court may award attorney's fees and costs for the prevailing party on the motion hearing at any time.

Scott R. Jay, Esq.

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Answered on 12/07/07, 12:09 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: motion to dismiss #of times?

As many times as the judge allows it. Sooner or later, the judge will not allow you to continue to amend and "fix" any problem. It is very unusual for someone to move to dismiss after a deposition. That happens sometimes when they believe that they can show the person is a liar. It is rare fore such motions to be granted.

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Answered on 12/05/07, 9:20 am


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