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Cases can be dismissed because it is the right thing to do, because there is a error in the investigation that brought the Defendant to court, because after a thorough investigation the case is not as strong as initially thought, or because the courts pretrial rulings have reduced any chance of the prosecutors office
A motion to dismiss should only be filed and will only be granted by a court, if: The allegations of the plaintiffs complaint disclose with certainty that the plaintiff would not be entitled to relief under any state of provable facts asserted in support thereof, and.
Under rule 3.190(c), Florida Rules of Criminal Procedure, a Motion to Dismiss must be filed before or at a defendants arraignment, unless the court, in its discretion, grants additional time.
When a party brings a case into court, a judge will either hear the matter or dismiss it. If a judge does not agree to hear the case, a dismissal removes the matter from the courts schedule.
If the non-moving party elects to amend its pleading in response to the motion to dismiss, then the moving party (unless ordered otherwise by this Court) shall, within 21 days of the amended pleading, file either: (1) an answer; or (2) a revised motion to dismiss.
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After you file an answer with the court The court clerk will give or mail you a court date for you and the plaintiff to come back to court.
A motion to dismiss is not considered a responsive pleading, so a plaintiff is free to amend his complaint to eliminate questions about its legal sufficiency, the 4th DCA said.
Under the Revised Rules, only the following grounds may be raised as grounds for a Motion to Dismiss: (a) lack of jurisdiction over the subject matter; (b) pendency of action between the same parties for the same cause; and (c) cause of action is barred by prior judgment or by the statute of limitations.
When a case is dismissed with prejudice, its closed for good. Neither party can reopen the case at a later date, and the matter is considered permanently resolved. On the other hand, dismissing a case without prejudice leaves the door open for the case to be reopened down the road.
Federal Court: after an opposing party has filed an answer or a motion for summary judgment, a plaintiff may only dismiss his case either by court order or by a stipulation of all parties in the case.

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