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Fla.R.Civ.P. 1.061 prescribes choice of forum rules. [11] 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 ...
In the United States, voluntary dismissal in Federal court is subject to Rule 41(a) of the Federal Rules of Civil Procedure. Rule 41(a)'s full text can be found below. Simply stated, Rule 41(a) allows the plaintiff to make a dismissal as long as the defendant has not filed an answer or filed a motion for summary judgment.
Involuntary dismissal is made by a defendant through a motion for dismissal, on grounds that plaintiff is not prosecuting the case, is not complying with a court order, or to comply with the Federal Rules of Civil Procedure. Involuntary dismissal can also be made by order of the judge when no defendant has made a motion to dismiss.
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.
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 ...
Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
Walt Disney Co. asked a Florida judge to dismiss a lawsuit from Gov. Ron DeSantis' hand-selected board that seeks to invalidate the entertainment company's development contracts for the land ...
The motion to dismiss the counts is one of multiple pretrial requests and disputes that for months have piled up before Cannon, snarling the progress of the case and prompting the judge last month ...