Documents
Resources
Learning Center
Upload
Plans & pricing Sign in
Sign Out

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR

VIEWS: 27 PAGES: 4

									                                                 IN THE CIRCUIT COURT OF THE
                                                 ELEVENTH JUDICIAL CIRCUIT IN AND
                                                 FOR MIAMI-DADE COUNTY, FLORIDA

                                                 GENERAL JURISDICTION DIVISION

                                                 CASE NO. 09-00000 CA (10)

CORPORATION A, LLC.,

      Plaintiff,

v.

CORPORATION B, INC.,
a Florida corporation,

       Defendant.
                                             /

           DEFENDANT’S MOTION TO DISMISS AMENDED COMPLAINT
                        OR, IN THE ALTERNATIVE,
                 MOTION FOR MORE DEFINITE STATEMENT

       Defendant, Corporation B (“Defendant”), hereby moves, pursuant to Florida Rules of

Civil Procedure 1.140(b)(6), 1.140(e) and 1.110(b), for entry of an order dismissing the

Amended Complaint or, in the alternative, for entry an order compelling Plaintiff, Corporation

A, LLC (“Plaintiff”), to provide a more definite statement, and states as follows:

                                     LEGAL STANDARD

       Florida is a fact pleading jurisdiction. Continental Baking Co. v. Vincent, 634 So. 2d 242

(Fla. 5th DCA 1994). To survive a motion to dismiss under Rule 1.140(b)(6), a complaint must

allege the ultimate facts supporting each of the necessary elements of a claim. Id. As Florida

courts have recognized:

               The quality of pleading that is acceptable in federal court and
               which will routinely survive a motion to dismiss for failure to state
               a claim upon which relief may be granted will commonly not
               approach the minimum pleading threshold required in our state
               courts. Florida’s pleading rule forces counsel to recognize the
                                                                         CASE NO. 09-00000 CA (10)


               elements of their cause of action and determine whether they have
               or can develop the facts necessary to support it, which avoids a
               great deal of wasted expense to the litigants and unnecessary
               judicial effort.

Id. See also Beckler v. Hoffman, 550 So. 2d 68, 70 (Fla. 5th DCA 1989)(holding that ultimate

facts must be alleged); Rishel v. Eastern Airlines, Inc., 466 So. 2d 1136, 1138 (Fla. 3d DCA

1985)(dismissing a complaint for failure to allege ultimate facts).

       On a motion to dismiss, courts must accept as true only the well-pled ultimate facts

contained in the Complaint. A court must not accept or credit a Plaintiff’s conclusions of law or

unsupported conclusory allegations.      Rishel, 466 So. 2d at 1138 (“a pleading is deemed

insufficient if it contains mere statements of opinion or conclusions unsupported by specific,

ultimate facts.”).   Even under the less stringent federal pleading requirements, conclusory

allegations, unwarranted factual deductions or legal conclusions masquerading as facts will not

prevent dismissal. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007).

       Where a complaint includes bare legal conclusions in lieu of such ultimate facts or states

facts in a vague, ambiguous, or indefinite manner, the defendant may move for a more definite

statement. Fla. R. Civ. P. 1.140(e); Wilson v. Clark, 414 So. 2d 526, 528 (Fla. 1st DCA 1982)

(motion for more definite statement is one avenue to address “improper pleading”).

                                          ARGUMENT

I.     THE AMENDED COMPLAINT MUST              BE    DISMISSED   FOR   FAILURE   TO   SUFFICIENTLY
       PLEAD ALLEGATIONS.

       Plaintiff’s Amended Complaint continues to be so deficiently plead that dismissal is

warranted. For instance, in Counts I, II, and III the Plaintiff provides no factual allegations

surrounding the alleged debt aside from attaching two confusing invoices. Plaintiff’s formulaic

recitation of the elements of its causes of action does not suffice to meet required pleading

standards. Plaintiff's obligation to provide the grounds of his entitlement to relief requires more


                                                 2
                                                                         CASE NO. 09-00000 CA (10)


than labels and conclusions, and a formulaic recitation of the elements of a cause of action will

not do. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). Plaintiff’s mere allegations

that it is entitled to damages without alleging sufficient facts upon which relief can be granted is

also insufficient. Hooters of America, Inc. v. Carolina Wings, Inc., 655 So. 2d 1231, 1233 (Fla.

1st DCA 1998) (“It is also elementary that damages will be awarded only to the extent supported

by the well-pleaded allegations of the complaint.”)

        Accordingly, the Amended Complaint, Counts I, II and III must be dismissed as

deficiently plead pursuant to Florida Rule of Civil Procedure 1.110(b); Plaintiff failed to state the

ultimate facts showing that it is entitled to relief.

I.      IN THE ALTERNATIVE, THE AMENDED COMPLAINT SHOULD                        BE   AMENDED      TO
        SUFFICIENTLY PLEAD ALLEGATIONS.

        Plaintiff’s Amended Complaint is so deficiently plead that a more definite statement is

appropriate to apprise Defendant of the ultimate facts giving rise to this alleged cause of action

and the types of damages Plaintiff is seeking herein. Augustine v. S. Bell Tel. & Telegraph Co.,

91 So. 2d 320, 323 (Fla. 1956) (“If the claims for damages are inadequate or indefinite and it is

the desire of the defendant to have a more specific allegation, he can obtain the desired relief by

a motion for more definite statement.”) As demonstrated herein, Plaintiff’s Amended Complaint

contains insufficient and conclusory allegations. For instance, in Count III, Plaintiff alleges,

“Because of the fact and circumstances occurring between the parties, defendant, Corporation B.,

has been unjustly enriched…” (Compl. at ¶ 8). Plaintiff however, fails to allege what those fact

and circumstances are that occurred between the parties. Without knowing certain minimum

ultimate facts, such as the events leading up to the occurrence of the alleged debt, the date of

these events, the relationship between the parties, and whether a contract is at issue, Defendant




                                                    3
                                                                         CASE NO. 09-00000 CA (10)


“cannot reasonably be required to frame a responsive pleading,” and a more definite statement

should be granted. See Fla. R. Civ. P. 1.140(e).

                                        CONCLUSION

       For the foregoing reasons, Defendant, Corporation B, respectfully requests that this Court

enter an order dismissing the Amended Complaint in its entirety. In the alternative, Defendant

respectfully requests that the Court direct Plaintiff to file a Second Amended Complaint that

provides additional allegations of ultimate fact and a more definite statement with respect to the

matters described herein.

                                                       Respectfully submitted,

                                                       THE A LAW GROUP, LLC
                                                       Attorneys for Corporation B
                                                       1000 SW 5TH ST, SUITE 400
                                                       Miami, FL 33132
                                                       Telephone: (305) 555-0555
                                                       Facsimile: (305) 555-5555


                                                       By:_____________________________

                                                       ATTORNEY ABCD
                                                       Florida Bar No. 0012345



                                CERTIFICATE OF SERVICE

       I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by

U.S. Mail upon Attorney B, Esq. at Attorney B Law Offices, P.A. located at 12345 SW 2nd

Avenue, Miami, FL 33156-5223 on May 25, 2009.




                                                                  ATTORNEY ABCD




                                                   4

								
To top