Please contact Joel Ewusiak for legal assistance with your specific matter. Conclusory Statements: The court will accept all the factual allegations in the plaintiffs complaint as true and will view them in the light most favorable to the plaintiff. Mere inaction for a period of less than 1 year shall not be sufficient cause for dismissal for failure to prosecute. The legal standard for a motion to dismiss for failure to state a cause of action in Florida is based on the following principles: 1. They all ask the judge to do something: to change some earlier order (for child support, for instance) to postpone a trial date to get an award for attorney fees or, in the case of a motion to dismiss, to throw out the case altogether. If no such record activity has occurred within the 10 months immediately preceding the service of such notice, and no record activity occurs within the 60 days immediately following the service of such notice, and if no stay was issued or approved prior to the expiration of such 60-day period, the action shall be dismissed by the court on its own motion or on the motion of any interested person, whether a party to the action or not, after reasonable notice to the parties, unless a party shows good cause in writing at least 5 days before the hearing on the motion why the action should remain pending. Legal motions are formal requests made to judges. In all actions in which it appears on the face of the record that no activity by filing of pleadings, order of court, or otherwise has occurred for a period of 10 months, and no order staying the action has been issued nor stipulation for stay approved by the court, any interested person, whether a party to the action or not, the court, or the clerk of the court may serve notice to all parties that no such activity has occurred. Order on Motion for Dismissal FL All Family 164 Fill this out the way you would like the Judge to rule. Declaration (optional) FL All Family 135 Use this form if you need more space to explain why the case should be dismissed. Rule 1.420(e) of the Florida Rules of Civil Procedure outlines the procedure for seeking to dismiss a case for the failure to prosecute. Motion for Dismissal FL All Family 163 Explain why the case should be dismissed.
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