559 Florida cases classified under this topic, plus 337 listed through its narrower topics · sorted by citation count · browse and sort
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The Court strikes the plaintiffs' Verified Complaint because it constitutes an impermissible shotgun pleading.
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The court held that the notice pleading standard applies to affirmative defenses and granted in part and denied in part the motion to strike.
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S.D. Fla.·
2024-08-01
The court held that leave to amend the complaint would be futile and therefore denied it, dismissing the amended complaint.
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The district court granted plaintiffs' motion for leave to file a fourth amended complaint in a complex international hospitality case involving alleged injuries at an Iberostar hotel. The court found that jurisdictional discovery had been completed as contemplated in the schedul
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The court denied the plaintiff's motion to amend the complaint to add a non-diverse party and denied the motion to remand, finding the request was made too late and lacked good cause.
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The Court strikes the Complaint because it constitutes an impermissible shotgun pleading and orders the Plaintiff to file a corrected complaint.
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A motion for substituted service must be denied if the complaint fails to allege sufficient facts to bring the defendant within the substituted service statute, and such deficiencies cannot be cured by a subsequently filed affidavit or argument in a motion.
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The court held that the Copyright Act preempts the FDUTPA claim, and the claim also fails to plead consumer injury and actual damages, but granted leave to amend.
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The court held that plaintiffs lacked standing to bring federal securities fraud claims because they did not purchase the securities, and that amendment would be futile due to the statute of repose. State law claims were dismissed for lack of supplemental jurisdiction.
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M.D. Fla.·
2024-06-11
The court granted plaintiff's motion for leave to file an amended complaint.
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M.D. Fla.·
2024-06-05
A plaintiff cannot voluntarily dismiss fewer than all counts of a complaint under Federal Rule of Civil Procedure 41(a)(1) or 41(a)(2).
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The court held that the insurer waived its defense regarding the option to repair, and there is a genuine dispute of material fact as to whether the insurer exercised this option. However, damages caused by the contractor's faulty workmanship are excluded under the policy.
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The court held that the plaintiff's complaint constituted an impermissible shotgun pleading and must be stricken.
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The court held that a motion to stay discovery should be denied when the case will inevitably proceed regardless of the outcome of pending dispositive motions.
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The court held that the plaintiff's Fourth Amended Complaint, specifically Counts I and III, constituted an impermissible shotgun pleading and dismissed those claims with prejudice. The remaining state law claims were dismissed without prejudice.
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The court granted plaintiffs' motion for leave to file an amended complaint, finding that the potential for dismissal under the Rooker-Feldman doctrine was a matter for a motion to dismiss, not a motion to amend.
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S.D. Fla.·
2024-04-30
The court held that the defendant failed to show good cause for an untimely amendment and did not establish grounds for reconsideration of the prior dismissal order.
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M.D. Fla.·
2024-04-23
The court held that a plaintiff's motion to amend a complaint to add a non-diverse defendant after removal will be denied if the amendment's primary purpose is to destroy diversity jurisdiction and the plaintiff fails to state a plausible claim against the proposed defendant.
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S.D. Fla.·
2024-04-17
The court denied the plaintiff's motion for reconsideration and request for leave to file a second amended complaint.
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S.D. Fla.·
2024-04-15
Victims of an aviation-related Ponzi scheme sued Bank of America, alleging the bank issued misleading reference letters about the fraudster's company and substantially assisted the fraud by maintaining the fraudulent account, but the court denied the plaintiffs' motion to amend t
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The Court holds that the plaintiff's complaint is an impermissible shotgun pleading and strikes it.
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The court held that the plaintiffs' claims challenging the COVID-19 vaccine mandates were moot because the mandates were revoked by a subsequent executive order, and there was no reasonable expectation that the mandates would be reinstated.
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The Court held that the plaintiff's complaint was an impermissible shotgun pleading and must be stricken.
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M.D. Fla.·
2024-03-04
The court held that the second amended complaint failed to state a claim against any defendant and the third amended complaint was improperly filed, but granted leave to file a fourth amended complaint.
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The Court strikes the pro se plaintiff's complaint as an impermissible shotgun pleading and grants her leave to amend.
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M.D. Fla.·
2024-02-21
The court held that the motions for enlargement of time and limited discovery were rendered moot by the timely filing of the response to the petition.
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The court held that the First Amended Complaint constituted an impermissible shotgun pleading and must be stricken.
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M.D. Fla.·
2024-02-09
The court held that a motion for reconsideration under Rule 60(b) was inappropriate because the prior order granting leave to amend was not a final order. The court also noted that the timeliness challenge could be raised in a motion to dismiss.
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M.D. Fla.·
2024-02-02
The court held that the plaintiff's motion to vacate prior orders or amend his complaint was denied because he failed to establish excusable neglect or newly discovered evidence, and any amendment would be futile due to undue delay and repeated pleading deficiencies.
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The court held that the plaintiff's motion to amend the complaint to add a non-diverse defendant should be granted, as the joinder was not for the purpose of defeating diversity jurisdiction and the defendant failed to prove fraudulent joinder.
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The Court holds that the Class Action Complaint is an impermissible shotgun pleading and strikes it.
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The court granted Plaintiff's motion for leave to amend its complaint, finding good cause due to Defendant's delayed disclosure of a lease agreement.
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The court granted the defendants' motion for judgment on the pleadings, finding that the primary insurer was an indispensable party that could not be joined, and denied the plaintiff's motion for leave to amend as futile.
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S.D. Fla.·
2023-11-29
The court held that a party seeking to amend a complaint after a dismissal order and judgment must meet the standards of Rules 59(e) or 60(b), and that the plaintiff failed to show good cause for untimely amendment under Rule 16(b) or demonstrate diligence.
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M.D. Fla.·
2023-11-28
The court denied the plaintiff's motion for leave to amend her complaint because it was untimely and the plaintiff failed to demonstrate good cause for the delay.
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S.D. Fla.·
2023-11-17
The court held that the plaintiffs' claims were moot because the filing periods for H-1B visas had passed and the court could not grant meaningful relief. The court also found that the USCIS's rejection of petitions complied with regulations and that the Adjudicator's Field Manua
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The court held that while some claims against supervisory officials for deliberate indifference and failure to supervise could proceed, claims against the Sheriff's Office and County were dismissed, and certain supervisory liability claims were duplicative or failed to state a cl
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M.D. Fla.·
2023-11-08
The court denied the motion for reconsideration, finding it raised duplicative arguments and lacked merit, and granted the opposing party's request for attorney's fees against the movant's counsel.
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The Court holds that a shotgun pleading is unacceptable and must be stricken, requiring the plaintiff to replead.
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The court held that plaintiffs failed to establish good cause for modifying the deadline to amend pleadings after it had passed.
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The court adopted the magistrate judge's report and recommendation, denying the application to proceed without prepayment of fees and dismissing the amended complaint with leave to amend.
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The court held that the amended complaint was an egregious shotgun pleading and failed to comply with local rules, warranting it to be stricken.
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The court held that while the plaintiff's amended complaint was a shotgun pleading, the allegations regarding the defendant's constructive notice of the hazardous condition were sufficient, and thus dismissal would be without prejudice to allow amendment.
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The court denied defendants' motion for leave to amend their answers and affirmative defenses because they failed to demonstrate good cause for the delay.
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The court accepted the magistrate judge's recommendation to dismiss Count 2 as duplicative of Count 1, and denied leave to amend as futile.
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M.D. Fla.·
2023-09-26
Shareholders Williams and Arona sued 3rd Home Limited and its founder Wade Shealy seeking to wind up the corporation, recover damages for breach of fiduciary duty, and obtain appointment of a receiver. The court granted summary judgment for defendants, holding that the shareholde
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M.D. Fla.·
2023-09-19
The court granted in part and denied in part the plaintiff's motion, vacating its prior order and allowing the plaintiff to amend his complaint regarding Count 2, while affirming that claims against certain defendants were barred by immunity.
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M.D. Fla.·
2023-09-18
The court held that an amended complaint, liberally construed as a request for post-judgment relief, could state a claim for denial of access to courts.
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The court granted plaintiff's motion for leave to amend its complaint and denied defendant's motion to dismiss as moot, denied defendant's motion to transfer venue, and denied defendant's motion to stay discovery.
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The court held that the plaintiff failed to state claims for retaliation under the ADA, civil rights violations under 42 U.S.C. §§ 1981 and 1985, intentional infliction of emotional distress, and negligent infliction of emotional distress, dismissing these counts with prejudice.