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In a civil suit in Florida how many motions to dismiss can I file?

Hollywood, FL |

I have been served with a forclosure complaint. There is lack of validation, lack of acceleration, the plantiff is not the entitly which granted the loan and a request for legal fees which is contrary to various sections of the mortgage and note. Can I file a motion to dismiss on one of these items at a time and if not victorious on one continue to file the others one at a time. If the Judge gives me 20 days to answer the complaint after lossing a motion to dismiss can I still file another motion to dismiss?

Attorney Answers 2

Posted

I would raise all meritorious grounds for dismissal in one motion. If judge orders you to answer I would answer.

There is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.

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Posted

A motion to dismiss usually arises from whatever defects are apparent from the four corners of the complaint and its exhibits. Lack of Standing. Statute of Limitations. Failure to attach the agreement. Lack of subject matter jurisdiction in the chosen court. There are many, many other potential reasons a court might be required to (or have discretion to) dismiss a particular case.

Use all of 'em you have, or lose 'em.

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1 comment

Asker

Posted

than I screamed lack of prosecution. It was over nine months. than they cancelled waited another 4 mths than cancelled and did nothing .. Its been 13 months since I was served. Isn't it abusing the system to file papers to keep the place holder open. So far they file, I responded to the court and said bring it on. They did nothing. I waited to see what they would do nine months. Only after running into the party did they start a court date. 10 days later they set a hearing for a court date. I than file against this person with the barr. They accepted it and he has a history of this already with the bar. This all started over a 2200 medical bill and now I'm out 6,000 and their trying to make a run for another 8600. Its like I have entered another dimension of the the Twilight Zone. This would be almost be funny if I were not in the mist of battling terminal cancer.. Even that is not being taken into consideration. Time is precious to me. I never agree to these bills and it my word against his. Also the collection agency did not attach any agreement to review. It been eight years since the bill was inccured.

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