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A defendant can file a forum non conveniens motion to dismiss a cause of action within 60 days of service of process. Under Rule 1.061(a), a trial court, in its discretion, can dismiss an action "on the ground that a satisfactory remedy may be more conveniently sought in a jurisdiction other than Florida" when it finds there is an adequate ...
Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit). A voluntary dismissal with prejudice (meaning the plaintiff is permanently barred from further litigating the same subject matter) is the modern descendant of the common law procedure known as retraxit.
On January 26, 2018, the judge refused to grant the state's motion to dismiss the case and will allow the case to proceed. "The pending complaint contains sufficient allegations to meet the standing and active case or controversy criteria for the court to have jurisdiction over this declaratory judgment action," Gievers wrote in the court order.
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
Nearly two months after the first hearing date, Judge John C. Cooper rules to deny a motion to dismiss on personal jurisdiction in FSU vs. The ACC.
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