Motion For More Definite Statement

119 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Castle Key Ins. Co. v. Wooden Fam. Tr.
  Fla. 1st DCA· 2021-06-01
  The appellate court reversed a lower court's decision that an insurance company had waived its right to appraisal by actively litigating. The court found the insurer's actions, including filing a motion for a more definite statement due to vague allegations, were reasonable and d
• S.Y. v. Wyndham Hotels & Resorts, Inc.
  M.D. Fla.· 2021-05-06
  A victim of sex trafficking sued Wyndham Hotels & Resorts and the owner of a Super 8 hotel franchise, alleging she was trafficked at their property from 2014 to 2016 and asserting claims under the Trafficking Victims Protection Act, Florida RICO, premises liability, negligent hir
• Datto, Inc. v. Moore
  M.D. Fla.· 2020-12-11
  The court denied the defendant's motion to dismiss, finding that the forum selection clause in the settlement agreement did not apply and that the plaintiffs had sufficiently stated claims for breach of contract, violation of the Defend Trade Secrets Act, and violation of the Flo
• Kelley v. Kahootz Bar/Grill
  S.D. Fla.· 2020-09-04
  The court held that the amended complaint failed to state a claim under Title VII because it did not allege the defendant employer had fifteen or more employees, but granted leave to amend.
• Tonge v. Novartis Pharms. Corp.
  M.D. Fla.· 2020-06-04
  A complaint need not plead facts to negate an affirmative defense like the statute of limitations, and a motion to dismiss is inappropriate when resolution depends on facts not yet in evidence.
• Watkins v. Sergeant M. Bigwood
  S.D. Fla.· 2020-03-11
  The court held that claims against defendants in their official capacities fail to state a claim under Monell, but granted leave to amend. The court also granted the motion for a more definite statement, requiring the plaintiff to file an amended complaint with numbered paragraph
• Phillips v. Harbor Venice Mgmt., LLC
  M.D. Fla.· 2020-01-30
  The court held that the plaintiff's Title VII retaliation claim was properly dismissed as disability is not a protected class under Title VII, and her ADA and FCRA claims for retaliation and discrimination were dismissed for failure to state a claim with leave to amend due to vag
• Maltese v. Burlington Coat Factory Direct Corp.
  M.D. Fla.· 2019-10-22
  The court held that the plaintiff's amended complaint sufficiently stated a claim for slip-and-fall negligence, but struck the demand for prejudgment interest.
• Maltese v. Burlington Coat Factory Direct Corp.
  M.D. Fla.· 2019-09-19
  The court held that the plaintiff's complaint failed to state a plausible claim for premises liability and denied the motion to remand due to sufficient evidence of the amount in controversy.
• Hiller & Arban, LLC v. THE Reserves Mgmt., LLC
  Del. Super. Ct.· 2016-07-01
  The court granted in part and denied in part the defendants' motion to dismiss, denied the motion to strike, and denied the motion for a more definite statement. The court dismissed the quantum meruit claim against Mr. Korotki individually and the fraud claim against both defenda
• The Hous. Auth. of the City of Orlando v. Bradley
  9th Cir. Ct. App. Div.· 2014-08-01
  The Housing Authority of Orlando appealed the dismissal of its eviction action against a tenant whose household member committed crimes. The appellate court reversed, holding that the trial court erred by considering a document outside the complaint when ruling on the motion to d
• Johary Aviation, Inc. v. Turan
  47 So. 3d 333· Fla. 5th DCA· 2010-10-15
  The court held that a motion to dismiss and a motion for more definite statement filed before a default was entered preclude the entry of default.
• Pease v. Pakhoed Corp.
  980 F.2d 995· 5th Cir.· 1993-01-11
  The court held that the plaintiff's Rule 60(b) motion was properly denied because he failed to demonstrate a meritorious cause of action by not specifying the criminal laws he was asked to violate. The court also affirmed the denial of sanctions, finding the plaintiff's arguments
• Bekins Moving & Storage Co. v. Gomez Moving Co.
  43 Fla. Supp. 3· Fla. P.S.C.· 1974-04-10
  The commission held that the complaint's charges were specific enough to proceed and denied the motion to dismiss.
• Gettinger v. Fla. Tape & Labels, Inc.
  194 So. 2d 695· Fla. 2d DCA· 1966-12-21
  Appellants, who were defendants in a business conspiracy and unfair competition case, appealed two interlocutory orders from the circuit court. The court dismissed the appeal regarding the venue ruling as untimely but affirmed the lower court's denial of the motion to dismiss, fi
• Frisch v. Kelly
  137 So. 2d 252· Fla. 1st DCA· 1962-02-06
  The court held that the North Carolina statute, as interpreted by its Supreme Court, requires that a limitation upon a devise for 'dying without children' be construed to take effect upon the death of the first taker without children living at that time, unless the will expressly
• Taylor v. Orton
  216 F.2d 62· 7th Cir.· 1954-10-04
  The court held that striking a defense alleging lack of consideration for a renewal note and entering judgment without trial was improper when factual issues remained unresolved.
• Montgomery v. Kingsland
  166 F.2d 953· D.C. Cir.· 1948-01-19
  The court held that a motion for a bill of particulars under Rule 12(e) was improperly granted because the complaint provided sufficient information for the defendant to respond and prepare for trial, and the motion was not used to test the sufficiency of the complaint.