Legal Question in Civil Litigation in Florida

motion to strike and motion to dismiss

I am being sued and sent a response to the plaintiff's attorney along with a motion for summary judgement and counter claim.

The attorney for the plaintiff responded with a motion to strike my response and motion to dismiss my counter suit.

And a plea for the judiciary to rule in favor of his complaint and award him attorney fees.

There is a attorney who wants to get paid for doing absolutely nothing!

How am I required to respond to his motions?

Asked on 3/06/09, 6:38 pm

3 Answers from Attorneys

Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

Re: motion to strike and motion to dismiss

If the Plaintiff is suing a corporate entity which you are the sole owner, you cannot respond on behalf of the corporation. Under Florida law, only a lawyer can do that. This may be why he moved to strike your pleadings.

Otherwise, the pleadings may just be in the proper form. If you do not respond with an legally sufficient pleading within 20 days, you risk getting a default, which means you have lost the lawsuit before you even begin.

You need a lawyer. If you would like to discuss your case and your options further, please feel free to contact me at your convenience.

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Answered on 3/08/09, 10:31 am
Brent Rose The Orsini & Rose Law Firm

Re: motion to strike and motion to dismiss

There is no way to answer your question without reading the pleadings.

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Answered on 3/06/09, 8:56 pm
Alan Wagner Wagner, Vaughan & McLaughlin, P.A.

Re: motion to strike and motion to dismiss

There is no real way to answer your questions without more details about the complaint, your response and the substance of his filings. You can, however, just have a hearing on the pending motions and get a ruling from the court.

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Answered on 3/06/09, 9:29 pm


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