BARBARA GARCIA
v.
REGIONAL ACCEPTANCE CORPORATION
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A complaint fails to state a cognizable claim when the plaintiff, after three pleading attempts, has not articulated a valid legal theory and refuses to respond to a motion to dismiss.
[1] A plaintiff's repeated challenges to the trial court's jurisdiction and refusal to respond to a motion to dismiss, combined with failure to state a cognizable claim after…
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Join FLexlaw to unlock all legal intelligence“Plaintiff fails to state any cognizable claim after three pleading attempts. Plaintiff appeared at the hearing but declined to respond, stating 'I'm waiting for jurisdiction to be established' though she is the Plaintiff who has initiated the action.”
Trial court's reasoning for granting the motion to dismiss
Garcia financed a vehicle purchase through an installment sales contract assigned to Regional Acceptance Corporation and sued Regional Acceptance. The…
The full statement of facts, procedural history, and disposition for this case are member content.
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Third District Court of Appeal State of Florida
Opinion filed September 23, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D26-0216 Lower Tribunal No. 25-16946-CA-01
Barbara Garcia, Appellant, vs. Regional Acceptance Corporation, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Spencer Eig, Judge.
Barbara Garcia, in proper person.
Burr & Forman, LLP, and Sara L. Solano and David A. Elliott (Fort Lauderdale), for appellee.
Before SCALES, C.J., and LOGUE and BOKOR, JJ.
PER CURIAM.
Barbara Garcia appeals the trial court's order granting Regional Acceptance Corporation's motion to dismiss Garcia's second amended complaint. We affirm.
Garcia financed the purchase of a vehicle through an installment sales contract that was assigned to Regional Acceptance. Garcia subsequently sued Regional Acceptance. It moved to dismiss Garcia's second amended complaint. The trial court granted the motion to dismiss, observing as follows:
Plaintiff fails to state any cognizable claim after three pleading attempts. Plaintiff appeared at the hearing but declined to respond, stating "I'm waiting for jurisdiction to be established" though she is the Plaintiff who has initiated the action.
Garcia's appeal timely followed.
Our review of the transcripts and Garcia's written filings reveals she repeatedly challenged the jurisdiction of the trial court to hear her case, even moving for a “DISMISSAL WITH PREJUDICE.” After careful study of the record on appeal and the briefs filed by the parties, we have not identified any legal error made by the trial court and therefore affirm the order under appeal.
Affirmed.
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