As a business owner, you may be served with a lawsuit or need to pursue legal action against another party. When a business lawsuit is filed, several things can happen. One issue that may come up is managing a motion to dismiss. Therefore, if you are involved in a Florida business lawsuit, you need to know: What happens when there is a motion to dismiss?
What is a Florida Motion to Dismiss?
As the name implies, a motion to dismiss is a legal document that is filed to request that a court dismiss a case or claim. These motions are usually filed at the beginning of the case on the basis that a lawsuit does not meet certain legal requirements.
What Happens Once a Motion to Dismiss is Filed?
When a party files a motion to dismiss, they must serve the other party or parties with a copy of the motion. The motion will contain information that is meant to establish why the opposing side’s case or claim should be dismissed.
Once the case is filed and properly served and the opposing party has a chance to respond, the court can have a dismissal hearing to determine whether a dismissal is warranted. After the court’s review, the judge will issue a formal ruling either granting or denying the motion.
What Happens at the Dismissal Hearing?
A motion for dismissal hearing allows the moving party to present their arguments. The opposing party will also be permitted to defend their pleadings and position. This type of hearing typically does not involve testimony evidence. If, after hearing and considering the information, the judge decides to grant the motion, the lawsuit or claim will end. By contrast, if the motion is dismissed, the case will continue.
Under What Circumstances Can You Filed a Motion to Dismiss?
Motions to dismiss are generally filed when the facts alleged in the lawsuit don’t establish a cause of action or legal claim. For example, the motion may involve a party filing a lawsuit for relief that is not available under the law. Motions to dismiss can also be filed when facts are asserted that do not entitle the pleading party to any relief.
Is a Motion to Dismiss the Same as a Motion for Summary Judgment?
A motion for summary judgment is another type of motion that can be filed. Although this motion is similar to motions to dismiss, there are some key differences. Motions to dismiss are filed when a case lacks the necessary requirements to move forward. By contrast, a court can grant summary judgment if the filing party can show that there is no genuine issue of material fact and their entitlement to judgment as a matter of law.
Depending on your position, a motion to dismiss may be helpful or harmful to your case. If you are involved in a Florida business lawsuit, you need the advice and guidance of an experienced Florida business lawyer. Your business attorney can help you review your pleadings and determine what motions may be applicable and beneficial for you. Your counsel can also help you defend against the opposing party’s claims and navigate the other aspects of your case.
Contact an Experienced Florida Business Lawyer
Attorney Richard Sierra at the Florida Small Business Legal Center assists clients like you with commercial leasing, business, and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.