IN THE CIRCUIT COURT OF THE _ JUDICIAL CIRCUIT
IN AND FOR _ COUNTY, FLORIDA

[PLAINTIFF NAME], §
§
Plaintiff, §
§
v. § Case No. [__]
§
[DEFENDANT NAME], §
§
Defendant. §

DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT

[// GUIDANCE: This template is drafted for use in Florida circuit or county courts and tracks the requirements
of the Florida Rules of Civil Procedure (“Fla. R. Civ. P.”) and the Florida Rules of General Practice & Judicial
Administration (“Fla. R. Jud. Admin.”). Customize bracketed text, add or delete grounds, and confirm any
supplemental local-rule obligations (e.g., pre-filing conferences, word limits, hearing reservation procedures).]

TABLE OF CONTENTS

I. Preliminary Statement .................................................................................... 2
II. Background / Procedural Posture ................................................................. 2
III. Applicable Legal Standards ........................................................................... 3
IV. Grounds for Dismissal & Argument ............................................................. 4
A. Lack of Subject-Matter Jurisdiction – Fla. R. Civ. P. 1.140(b)(1) ............ 4
B. Failure to State a Cause of Action – Fla. R. Civ. P. 1.140(b)(6) .............. 5
C. Insufficient Service of Process – Fla. R. Civ. P. 1.140(b)(4) ................. 6
V. Request for Oral Argument ........................................................................... 7
VI. Conclusion & Prayer for Relief ..................................................................... 7
VII. Certificate of Good-Faith Conference (if required) ...................................... 8
VIII. Certificate of Service ..................................................................................... 8
IX. Proposed Order .............................................................................................. 9

I. PRELIMINARY STATEMENT

Defendant [DEFENDANT NAME] (“Defendant”), by and through undersigned counsel and
pursuant to Florida Rule of Civil Procedure 1.140(b), respectfully moves this Court to dismiss the
Complaint filed by [PLAINTIFF NAME] (“Plaintiff”) in its entirety. As set forth more fully below, the
Complaint fails to invoke this Court’s jurisdiction, does not state a cognizable cause of action, and
was not properly served on Defendant.

II. BACKGROUND / PROCEDURAL POSTURE

1. On [DATE], Plaintiff filed a [____]-count Complaint alleging [brief summary of claims].
2. Plaintiff effected purported service on Defendant on [DATE] by [describe method].
3. Defendant’s responsive pleading deadline is presently [DATE] pursuant to Fla. R. Civ.
   P. 1.140(a). This Motion is therefore timely.
4. No discovery has commenced, and no case-management order has been entered.

[// GUIDANCE: Insert additional factual or procedural context necessary to frame the legal arguments.]

III. APPLICABLE LEGAL STANDARDS

A. Motion to Dismiss Generally
• Under Fla. R. Civ. P. 1.140(b), a defendant may, before filing an answer, assert certain
defenses “by motion.”
• On a Rule 1.140(b)(6) motion, the Court must accept well-pleaded facts as true but need not
accept legal conclusions. Conclusory allegations unsupported by ultimate facts warrant
dismissal.

B. Lack of Subject-Matter Jurisdiction
• A challenge under Rule 1.140(b)(1) may be raised at any time and must be decided prior to
addressing the merits.

C. Insufficient Service of Process
• Rule 1.070(b) requires service within 120 days, and Rule 1.070(i) authorizes dismissal for
non-compliance.

[// GUIDANCE: Add any additional standards germane to the chosen grounds, e.g., forum-selection, statute
of limitations, standing.]

IV. GROUNDS FOR DISMISSAL & ARGUMENT

A. Lack of Subject-Matter Jurisdiction (Fla. R. Civ. P. 1.140(b)(1))
5. The Complaint asserts federal statutory claims but pleads no basis for concurrent state
jurisdiction. Florida circuit courts are courts of general jurisdiction but may not
adjudicate claims exclusively vested in federal courts. Accordingly, dismissal is required.

B. Failure to State a Cause of Action (Fla. R. Civ. P. 1.140(b)(6))
6. To survive dismissal, a complaint must allege ultimate facts demonstrating each element
of the cause of action.
7. Count I (Breach of Contract) fails because Plaintiff does not attach or sufficiently identify
the purported contract, allege consideration, or plead how Defendant breached.
8. Count II (Negligence) is barred by the economic loss rule because Plaintiff seeks purely
economic damages arising from an alleged contractual relationship. Absent personal injury
or property damage, the claim should be dismissed with prejudice.

C. Insufficient Service of Process (Fla. R. Civ. P. 1.140(b)(4))
9. Plaintiff attempted service by leaving a copy of the summons at Defendant’s former place
of business, contrary to Fla. Stat. § 48.081(3). Strict compliance with service statutes is
required; substantial compliance is insufficient. Because service is defective, this Court
lacks personal jurisdiction and must dismiss.

[// GUIDANCE: Delete, re-order, or supplement grounds to match the facts of your case. Each numbered
paragraph should cleanly align with a distinct legal contention.]

V. REQUEST FOR ORAL ARGUMENT

Pursuant to [LOCAL RULE or Administrative Order] and consistent with the Court’s
preferences, Defendant respectfully requests oral argument on this Motion. Defendant estimates
thirty (30) minutes will be required. A separate Notice of Hearing will be filed and coordinated with
Plaintiff’s counsel and the Court’s judicial assistant.

[// GUIDANCE: Many Florida circuits require counsel to secure hearing time before filing a motion; confirm
local practice. If your jurisdiction uses an online calendaring system, insert the correct procedure.]

VI. CONCLUSION & PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

A. dismiss the Complaint in its entirety, or alternatively dismiss each deficient count;
B. quash purported service of process and require proper service (if dismissal is not granted);
C. grant such other and further relief as the Court deems just and proper.

VII. CERTIFICATE OF GOOD-FAITH CONFERENCE

Pursuant to [LOCAL RULE] requiring counsel to confer before filing certain motions, the
undersigned certifies that on [DATE], he/she conferred with counsel for Plaintiff via [method].
The parties were unable to resolve the issues presented herein.

[// GUIDANCE: Omit if your jurisdiction does not impose a pre-filing conferral requirement for Rule 1.140
motions.]

VIII. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this ___ day of ____ 20__, a true and correct copy of the
foregoing was filed using the Florida Courts E-Filing Portal and served via the Portal’s E-Service
system in compliance with Fla. R. Jud. Admin. 2.516(b)(1) on all counsel of record.

Respectfully submitted,

[ATTORNEY NAME]
Florida Bar No. [_]
[LAW FIRM NAME]
[Address]
Tel: [_] | Fax: [___]
Email: [primary email]
Counsel for Defendant

IX. PROPOSED ORDER

[// GUIDANCE: Many judges require a separate, uploadable Word version. Provide one formatted exactly
as the Court prefers.]

IN THE CIRCUIT COURT OF THE _ JUDICIAL CIRCUIT
IN AND FOR _ COUNTY, FLORIDA

[PLAINTIFF NAME], §
Plaintiff, § Case No. [__]
v. §
[DEFENDANT NAME], §
Defendant. §

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

THIS CAUSE came before the Court on Defendant’s Motion to Dismiss (the “Motion”).
Having considered the Motion, the record, argument of counsel, and being otherwise fully advised
in the premises, it is hereby:

ORDERED AND ADJUDGED that:

1. The Motion is GRANTED.
2. The Complaint is DISMISSED [WITH / WITHOUT] prejudice.
3. Plaintiff shall file any amended complaint within ___ days of the date of this Order.
4. [Alternative relief—e.g., Service of Process is QUASHED.]
5. The Clerk shall CLOSE this case if no amended pleading is filed within the time permitted.

DONE AND ORDERED in Chambers at _ County, Florida, this ___ day of
_ 20.

CIRCUIT/COUNTY JUDGE
Copies furnished to: Counsel of Record

[// GUIDANCE:
1. Verify statutory citations (Fla. Stat. ch. 48 for service) remain current.
2. Insert additional grounds (e.g., statute of limitations, failure to join indispensable parties) as appropriate.
3. Confirm and comply with your division’s unique formatting (fonts, margins, docketing codes).
4. Confer with opposing counsel and reserve hearing time pursuant to the judge’s procedures to avoid
striking or delay.
5. When partial dismissal is likely, request leave to plead over within a defined period, preserving the
right to assert further defenses under Rule 1.140(h).]

This template is designed to be immediately deployable by Florida litigators and to withstand procedural
scrutiny under current Florida practice.