Motions to Dismiss: Not a Substitution for Summary Judgment

In Florida civil litigation, motions to dismiss serve a specific and limited purpose: to test the legal sufficiency of a complaint. They are not a procedural tool for determining factual disputes or resolving substantive legal questions better suited for summary judgment. Therefore, Florida courts have repeatedly held that litigants should not misuse motions to dismissContinue reading “Motions to Dismiss: Not a Substitution for Summary Judgment”