motion to dismiss for lack of standing florida

Filing 35. . 227(c), and 47 C.F.R. 117 0 obj <> endobj 142 0 obj <>/Filter /FlateDecode/ID [(\034[`\)\n*\212O\262\357 \t\375\005\327M) (8\233\000Q\026\311\020M\253\016y\234F\366\366:)]/Index [117 26]/Info 116 0 R/Length 88/Prev 418990/Root 118 0 R/Size 143/Type /XRef/W [1 3 1]>> stream Foremost, it is difficult to prove that a claim is frivolous or filed in bad faith on a motion to dismiss because the court must accept all factual allegations in the complaint as true and view all the alleged facts in a light most favorable to the plaintiff. . CONCLUSION. endstream endobj startxref 0 %%EOF 118 0 obj <>/Metadata 26 0 R/Outlines 32 0 R/Pages 31 0 R/StructTreeRoot 33 0 R/Type /Catalog>> endobj 140 0 obj <> stream : 3D16-2755 Page 6 of 8 _____ RENNERT VOGEL MANDLER & RODRIGUEZ, P.A.,ATTORNEYS AT LAW, 29TH FLOOR, MIAMI TOWER 100 S.E. A complaint filed by someone other than the real party in interest is subject to general demurrer on the ground that it fails to state a cause of action. Our Petition Preparer Service can have all your documents professionally The defendant moves the court as follows: 1. Plaintiff alleged that Defendant used the text messages to solicit the sale of consumer goods/or services and sent them to at least 100 individuals located in Florida. at pp. Id. omitted.) The other party has filed a motion to dismiss on the grounds that my petition for modification of parenting plan is "legally insufficient.". Today, we'll be covering one of the most important topics in the subject: Federal Rules of Civil Procedure Rule 12 (b) (6). Plaintiffs first assert that the motion to dismiss for lack of standing should be denied as it is procedurally improper as Defendant did not bring the motion pursuant to CPLR 3211(a)(3). 2008) Jurisdiction, 99, p. The Health AI Frontier: New Opportunities for Innovation Across the FTC to Hold Workshop on Recyclable Claims. The Court found that generalized allegations of inconvenience, invasion of privacy, aggravation, annoyance, and violation of their statutory privacy rights was not enough to show standing. NLRB Places New Limitations on Confidentiality and Non-Disparagement Settlement Will Benefit Many Aging-Out Children in the Green Card SEC Commissioner Discusses Reform to Regulation D, Massachusetts AG Settles Enforcement Action Against Auto Lender. Respondent Martinelli-Berrocal v. Garland et al. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. White House Requires Removal of TikTok App from FDA Withdraws Proposed Rule on General Principles for Food Standards New FAQs Dramatically Expand Scope of California Labor Contractor Today is the Day Dont Miss the Employer Deadline to Report to OSHA, PTO Seeks Comments on Role of Artificial Intelligence in Inventorship. Our Petition Preparer Service can have all your documents professionally prepared after a brief interview with our experienced Legal Document Specialists. They have requested oral arguments on the motion. Free Speech Shines Bright, Illuminates Patent Owners Right to Allege California Supreme Court to Address Rounding of Employee Time. _______________________________________________________________ Your court papers will be in your hands and ready to file in as little as three days! ECF Number: 71. On the other hand, it may be beneficial to do it early in the case when no court-annexed program is available to the borrower as in the case of an investment property. ] (Lincoln Unified, supra, 188 Cal.App.4th at p. Code of Civil Procedure section 367 reads: Every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute.. Plaintiff unconvincingly argued that this case was distinguishable toSalcedobecause this plaintiff received FIVE text messages. 766-767. at p. ORDERED in the Southern District of Florida on June 7, 2022. BIPA ALERT: Illinois Supreme Court Opens the Door to Punitive, President Biden to Nominate Julie Su as New Secretary of Labor, The European Unitary Patent: Why Retailers Should Care, New York City Employers Prepare for AI Bias Law [VIDEO], Administration's WOTUS Rule Muddies Jurisdictional Waters. Southern District. The previous program was operated through the Florida Department of Transportation, whose secretary is a named defendant in the class action lawsuit. Defects or errors in relation to parties do not affect subject matter jurisdiction. (2 Witkin, Cal. [] Rossdale does not have legal capacity to sue because it is simply a fictitious business name, not a stand-alone legal entity. Jenniffer attended the Beasley School of Law at Temple You are responsible for reading, understanding and agreeing to the National Law Review's (NLRs) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. at p. ] (Jasmine Networks, supra, 180 Cal.App.4th at p. No substitution of parties ever occurred so Miami Legal remained the plaintiff below and is, because the notice of appeal was filed by Rossdale, the appellant here as well.1, In January 2016, Walton filed what he called a motion to dismiss. Basing his motion on Code of Civil Procedure section 367 and case authority on standing as a jurisdictional defect, Walton argued that the lawsuit had to be dismissed because [i]n actuality, The Rossdale Group, LLC, is a fictitious business name registered by a company that has now dissolveda dissolution that occurred after the lawsuit was filed.2 With the dissolution of Miami Legal, Walton argued, the legal entity that is the Plaintiff in this action disappeared.3, Miami Legal, filing under the Rossdale name, opposed the motion, supported by a declaration from Susan Lunden (Lunden), who identified herself as the CEO for the Rossdale Group, LLC. The opposition contained no denial that Miami Legal had been dissolved. Sometimes this means that you will have to file special papers, called a "motion to dismiss," before your first court date is scheduled. _____________________________/, COMES NOW the ___________________ and moves this Honorable Court to: Defendants, University of Florida and Bernie Machen, move to dismiss the Complaint for lack of standing on the grounds set forth below. 'J$-4DO|,O/>AipbWV2"a8~2Gf,yb'6H1E|Q* 4 YKRnR*6H_V,T1ArU!*Vj]8' 85P2iCRhqI:+@V//-> Gs/@rjC\i+~`"S8^~prmOg Q 6}5*N 0 We guarantee our work. For more detailed information, please see the SmartRulesMotion to DismissGuides for the court where your action is pending. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Confidentiality and Non-Disparagement Agreements with Non-Supervisory USCIS Confirms It Will Accept Employment-Based I-485 Applications New Jersey Enacts Bill of Rights for Temporary Workers, DOJ Implements Nationwide Voluntary Self-Disclosure Program. Telephone: ________________________________ Contact us. Separately, Huerta filed to dismiss the plaintiffs lawsuit on the grounds that the venue for the court battle is out of the proper jurisdiction, in addition to more direct personal claims. endstream endobj 119 0 obj <>/Font <>>>/Rotate 0/StructParents 0/Type /Page>> endobj 120 0 obj <> stream The judgment is reversed. therefore, the Court may dismiss Plaintiff's action with prejudice. In this matter, there is no question plaintiff is the party injured by virtue of defendants' actions and, therefore, she is the party possessing the right sued upon. tM^3g The plaintiffs are asking that the relocation program be prevented from being enacted, with state officials saying the migrants nor their attorneys can prove future implementation will be harmed in the future. Docket Number(s): 4:11-cv-00116. Separately, state officials and the defendants have filed a motion to move the case from a Massachusetts federal court to Florida, with Perla Huerta of Tampa arguing the current court proceedings lack jurisdiction. Doe v. Chao, 540 U.S. 614, 625 (2004). A plaintiff lacks standing to sue if, for example, it [is] not a real party in interest. (Id. vJwuUk;fO. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. (a) When Presented. IN THE CIRCUIT COURT OF THE ___________ JUDICIAL CIRCUIT, If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. _______________________________________________________________ Violation of the statutory requirements regarding the $25,000 amount is procedural, not jurisdictional. FRCP Rule 12 (b) pertains to pretrial motions, and 12 (b) (6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. As our Supreme Court has stated, a plea of lack of capacity of a corporation to maintain an action by reason of a suspension of corporate powers is a plea in abatement which is not favored in law, is to be strictly construed and must be supported by facts warranting the abatement at the time of the plea. Legislative Package Includes Bills to Advance Biofuels Research, PTO to Begin Issuing Electronic Patent Grants, OSHA to Expand the Use of Instance-by-Instance Penalties. Be sure to fill in all the blanks correctly: Sample General Motion Form Just ask us for a free quote. As a practical matter, Rule 12 (b . \`O?$'`T]T3mm_B4,Qy'9lu ;.n I%`Z%""4"Ng:vxusp:24G\$+T>'@@jW)dJ F `'1/L)V)gP;!C`0XL*CTJQqsd9bbX,):L"2NNd&LbS1u|2}E($`*(?Ced[D%4Go7zj]D?NI_g"d.~B C%OOoWI+9 The objection may be raised by demurrer when the ground for objection appears on the face of the complaint or from any matter that is subject to judicial notice; otherwise, the objection may be raised by answer. Be sure it is properly formatted before you print it out. "Respondent's Memorandum in Opposition to Petitioner's Motion to Dismiss" seems like an appropriate title. tW-}!OiAD&LCPv_x#$NER 6$Sf=pmxZi}V|i%So#1'\x F3#K=Ho$$D*.mt-h75Xhq_p]bJ)nu0*/Ay%>w |I^4y||OGCIE+b8v=\2sn; HrirbO\g{7\1\XM0N3 >^H- rDxpIzKH9i%mP$Ht^`5fi`Y grbK&nT!In UMZO*6XM.Ljmi5WnvJzc=re[!\%x=JYY(,8I"C*&%4(vVm/ydIB%*m#q2> %f9s,n[,zl?vy|E0-5:0t\B~6b>FEfD!q1t+#x0~Xm1$[3Tig\,ft>_ &6z What is the proper title for my response? Plaintiffs argue that they do have standing to bring this suit. A Motion to Dismiss should be used if the Complaint lacks merit or it is poorly written. <>stream Telephone No. e?S,$uajHl{%/X5! Walton, who the complaint in this case alleges is a licensed California attorney, maintained a litigation factory by placing dozens of e-mail addresses on the Internet, collecting spam messages sent to those addresses, and then demanding compensation for supposed violations of California law. This principle derives from the governing provisions in the Code of Civil Procedure. is still underway, with the defendantswhich include Gov. RULE 1.140. If you would ike to contact us via email please click here. Neither Standing Nor Jurisdiction Was Implicated By Walton's Motion, Walton's motion was based on his apparent belief that Code of Civil Procedure section 367 (section 367) provides a sort of baseline standing requirement for California courts. You MUST SCHEDULE AND ATTEND a special hearing called a "traverse hearing." 17, which the plaintiffs oppose, dkt. xcbd```b```5X4hA$$&~,``b[b@g`RkU z 24. It does not. Woods, J. FOOTNOTES It is rooted in the constitutionally limited subject matter jurisdiction of those courts. Common Cause of California v. Board of Supervisors of Los Angeles County (1989) 49 Cal.3d 432, 438 [(Common Cause)] (contentions based on lack of standing involve a jurisdictional challenge and may be raised at any point in the proceeding). 2004) 884 So.2d 324, 327 [a fictitious name has no independent legal existence].) At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The denial of a motion to dismiss for lack of standing is NOT an appealable order. Thank you. As we mentioned, the text of that statute provides that [e]very action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute. (Code Civ. Motion For a Rehearing spoke to that told you there was a mistake, and attach any documentation Jenniffer Cabrera (two ns and two fs) is the Countess of the TCPAWorld and an Associate Attorney at the Miami office of Troutman Firm. MOTION TO DISMISS FOR LACK OF STANDING . Signature, pro se at pp. Case 20-01079-SMG Doc 157 Filed 06/08/22 Page 1 of 9. The following are some of the topics covered: The authorities cited in this At A Glance Guide were current as of the publication date. _______________________________________________________________ :____________________, Petitioner Appellees argued that appellant's . Employers Beware: Non-Disparagement and Confidentiality Covenants in Consultation Paper On Review of Corporate Governance Norms For A High Californias War On The Fast-Food Industry Continues. TAMPA, Fla. (WFLA) The legal battle over Florida's migrant relocation flights to Martha's Vineyard, Mass. 331 0 obj Read court documents, court records online and search Trellis.law . Rule 12(b)(1) Subject Matter Jurisdiction A motion to dismiss asserting a lack of standing is a challenge to the Dare I say, Judge Aileen M. Cannon of the Southern District of Florida (West Palm Beach Division) got it right here! COUNTY, FLORIDA CASE NO. endobj that you may have supporting your request. When suit was filed in May 2014, the plaintiff was identified as the Rossdale Group, LLC. The records show (and the parties never disputed below) that, at that time, the Rossdale name was duly registered to Miami Legal and Miami Legal was itself in active status as a Florida limited liability company. The teacher brought suit under a fictitious name to protect her privacy and the school district objected, arguing that plaintiff's remedy was to file her documents under seal pursuant to California Rules of Court, rule 2.551. As we alluded to earlier, the history of the different entities and their relationship with each other is more than convoluted. Standards of Review A. That statute, however, merely provides the general rule that every action must be prosecuted in the name of the real party in interest. As a result, we may accept as true the facts stated in appellant's opening brief. The Court admits the error occurred and said I need Closing Case. The code system abolished the separate pleading but allowed the same kind of objections to be raised by demurrer or answer. (5 Witkin, California Procedure (5th ed. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. 438-441.) Its purpose is to protect a defendant from harassment from other claimants on the same demand. (Redevelopment Agency of San Diego v. San Diego Gas & Electric Co. (2003) 111 Cal.App.4th 912, 921. Is there a general motion to dismiss form in Florida? Specifically, Senate Bill 6B from the special session repealed the program and created a new one. (Jasmine Networks, Inc. v. Superior Court (2009) 180 Cal.App.4th 980, 991 (Jasmine Networks).) ]2MuT$>1,^Y"*|AH@K!a7b# 4uA:k8!vvGw'jIvVxr6iaiz"#ZoU];7YESVQZte&'"W=N0uQY;[GU>^D]Oir4ga.3r)xpCCW9*g' } This is usually in response to a petition or file claimed by the opposing party requesting the court to grant them some form of relief. The real issue is listing your reasons why your parenting plan is legally sufficient in order to persuade the court. Motion to Dismiss - for LACK OF SUBJECT MATTER JURISDICTION AND FOR FAILURE TO STATE A CAUSE OF ACTIONParty: Defendant Bowers, Andrew March 17, 2014. a successful motion. (pc) (Id. Given their knowledge of the program and this very lawsuit, it would be bizarre for Plaintiffs to suggest that Florida may transport them again, the court file says. x+ | This concept has been largely a creature of twentieth century decisions of the federal courts. (Ibid., fn. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. In a motion to dismiss based on improper service the opposing party must attach a copy of the proof of service, whether or not it was previously filed with the court. 8&JAOXVB)A2f^35f+b8 SB/W"ES5Y%;+Q g,};MI&P q#B9@)v Midland sued the consumer for only $1,257.98 in the Supreme Court, Wayne County New York (which has court and service fees of roughly $400 - 31% of the . The contention that a trial court lacks "jurisdiction" can be made if any one of the three elements is missing, but in practice "jurisdictional" attacks rarely implicate subject matter jurisdiction or personal jurisdiction. Under those provisions, a defendant may object to a complaint by demurrer or answer on the ground that [t]he person who filed the pleading does not have the legal capacity to sue. (Code Civ. Your Construction Center, Inc. v. Gross, 316 So.2d 596 (Fla. 4th DCA 1975). The governor has defended the program on multiple occasions, saying it was necessary to push policy reforms and handle an immigration and border security crisis. According to Miami Legal, Rossdale Delaware had become its owner in April 2013 (apparently Miami Legal was Rossdale Delaware's subsidiary). The record does show that the first Miami Legal was dissolved in September 2014. _______________________________________________________________ I HEREBY CERTIFY that a copy hereof has been furnished by ____ mailed; ____ faxed and mailed; ____ hand delivered; to the persons listed below on _________ day of __________ 20 ____. Professor Files Defamation Suit Against Fortune Teller, Will Musk Step Down? Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. Desperate Times, Desperate Measuring Cups FTC Brings Enforcement Trending in Telehealth: February 20 26, 2023, IRS Sets Deadline For Using 401(K) Plan Forfeitures, How Generative AI Generates Legal Issues in the Games Industry, DOJ Announces New Nationwide Voluntary Self-Disclosure Policy. Because litigation happens in the real world and not a perfect one, the Rules of Civil Procedure allow a little flexibility. Given that we do not see any factual dispute that affects the outcome of the questions raised, we will apply a de novo standard of review as well.6, II. Stay up-to-date with how the law affects your life. Please enter the word that you see below. Licenses for Exports to Are You Ready for the UPC? Quality over quantity at least since 1987! 5.) at p. 9 [The threshold requirements are attributed to the case and controversy terms that define the federal judicial power in Article III. The Oscars will air on ABC and can be streamed on ABC.com and the ABC app as well as Hulu + Live TV, YouTube TV, AT&T TV or FuboTV. . Ruling on a Motion to Dismiss Signed by Judge Beth Bloom on 2/27/2023. _______________________________________________________________ ), Section 367 is not the equivalent of, and provides no occasion to import, federal-style standing requirements.' The email address cannot be subscribed. After Rossdale refused to pay in response to a demand letter for prohibited forms of e-mail advertising, Walton filed suit against Rossdale, claiming, among other things, a violation of the Consumer Legal Remedies Act, Civil Code sections 1750 et seq. But at the time of the wrongs that are alleged in the complaint, that contract was not the . Corcamore moved to dismiss the petition for lack of standing under Rule 12(b)(6) of the Federal Rules of Civil Procedure, "citing the analytical framework established by the Supreme Court in . The Lincoln Unified court then examined a long line of cases allowing plaintiffs to proceed under a fictitious name. % Its Here The New National Cybersecurity Strategy. Good Luck. ORDER ON MOTION TO DISMISS: granting 27 Motion to Dismiss for Lack of Jurisdiction; granting 27 Motion to Dismiss for Failure to State a Claim. (Barr v. United Methodist Church (1979) 90 Cal.App.3d 259, 264.) See . There are specific timing requirements for motions to dismiss after the commencement of the action and before the hearing. Mobile Arbeit und regionale Feiertage was gilt? At the time it filed suit, it lacked legal capacity to sue. The Court did find that there was no financial loss or other pecuniary harm asserted. In the present case, Mr. Brevil relies on the decision of the Fourth District Court of Appeal in Kissman v. Panizzi, 891 So. Walton's lawsuit against Rossdale was dismissed after the trial court granted a motion for judgment on the pleadings with prejudice, and judgment was entered on May 2, 2012. In , the district Kissman court held that the defendants waived the issue of the plaintiff's lack of standing because . 1, 14. Dated: ________________________________, _______________________________________ Both this case and Lincoln Unified, however, stand for the proposition that, whatever other complications might arise from the use of fictitious names, doing so does not, in and of itself, raise a question of standing or jurisdiction. First, lack of subject matter jurisdiction under 12(b)(1) is non-waivable and can be raised by the court sua sponte, whereas failure to state a . Or you can purchase our fillable PDF General Motion form for immediate download. Ron DeSantis, public . But there is a different flavor of standing. endstream These answers are merely suggestions and ), [A] plea in abatement such as lack of capacity to sue must be raised by defendant at the earliest opportunity or it is waived. JURISDICTION UNDER RULE 12.02. [Citation.] Michigan PFAS Challenge Arguments Briefed For The Court. THE ROSSDALE GROUP, LLC, Plaintiff and Appellant, v. TIMOTHY WALTON, Defendant and Respondent. A recent debt collection lawsuit brought by infamous debt buyer Midland Funding, LLC against a Wayne, County New York consumer was dismissed because Midland failed to prove its standing. The order states as follows: "The Rossdale Group, LLC, lacks standing to sue. Procedure (5th Ed. (Id. Statement in compliance with Texas Rules of Professional Conduct. 64.1200(d) against Global Motivation. 311 0 obj <>stream I have found this form referenced online as "Respondent's Memorandum in Opposition to Petitioner's Motion to Dismiss. We are asked in this appeal to reverse a dismissal of a malicious prosecution lawsuit. Co., LLC v. EV3, Inc., -- A.2d --, 2007 WL 3208783 (Del. Motion to Dismiss Amended Complaint for Lack of Subject Matter Jurisdiction, ECF No. In that case, a school teacher brought an action against her school district (among other defendants), seeking a writ of mandate to compel the district to initiate certain proceedings under the Education Code to determine her mental fitness. endstream endobj 122 0 obj <> stream 83, 86.) Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. C-2. The judge will then review each side's motion, and give the court's decision at a predetermined hearing date. Thus, the petition in this special proceeding must be dismissed for lack of subject matter jurisdiction and lack of standing. endstream Name: ____________________________________ In civil litigation, delays can seem almost inevitable. GT's The Performance Review Episode 19: Is the Fight Over AB 51 5 Reasons Community Associations Need an Attorney That Specializes in New York Proposes Regulatory Review and Approval of Material Health CMS Issues Long-Awaiting Medicare Advantage RADV Final Rule, Preventing the Use of Cryptocurrencies to Evade Sanctions. . Vertol, owned by Montgomerie, was used to transport nearly 50 migrants from Texas to Massachusetts last September using taxpayer dollars. You could also copy and paste from a pdf to another format like word or wordpad. Also include all of the details and facts about who you 672.) endstream endobj 124 0 obj <> stream The Rock Law Group recently persuaded a Florida County Court to dismiss with prejudice a lawsuit filed by a mold assessment company as a purported assignee of benefits, by agreeing with the insurer's argument that the mold assessment company's attachment of only a non-itemized invoice of its services, rather than an . H\j >w%PrNReby6l*s)do@q;@. hearing date. This ground for dismissal is waived if a party files a motion to dismiss and does not raise it, or does not raise it in the responsive pleading. Case No. xc```,@(O1LqN|4&y_TNRa 0Yi f 09r:/Aa-X8M)fd` O We can create a custom Motion to (Photo: Florida Governors Office Record). The FTC's claims are sufficiently stated. I have even seen one titled "Good Cause as to Why Matter Should Not be Dismissed.". Of course, this case does not involve an individual seeking to sue under a fictitious name to protect his or her identity nor does this case invoke the same kind of privacy concerns at issue in Lincoln Unified. Motions to dismiss are substantively and procedurally distinct from voluntary and involuntary dismissals under Fla. R. Civ. 6, 2017.) should not be regarded as legal advice. Inc. ("C2C"), by and through its undersigned counsel, files this Motion to Dismiss Plaintiff's Complaint, based on arbitrator's immunity and lack of Article III standing. These facts are far afield from what Walton argued in his motion. Mandatory Arbitration Agreements Remain Valid in California, Antitrust Practitioners Expect Activity With Climate Issues. Because Walton's motion did not cite any state statute regarding Miami Legal's status and relied only on standing and jurisdictional arguments, we need not discuss this topic in detail. A plea in abatement did not challenge the plaintiff's claim on the merits but merely objected to the particular proceeding to enforce it. Instead, Miami Legal argued that all of its assets and liabilities had been transferred to a Delaware entity called Rossdale, CLE, Inc. (Rossdale Delaware). Defendant and respondent Timothy Walton (Walton) asked the trial court to dismiss the case for lack of standing and lack of jurisdiction because the named plaintiff, The Rossdale Group, LLC, was only a fictitious business name and the entity to which that name was registered was a dissolved Florida limited liability company called Miami Legal Resources, LLC. But as our Supreme Court has written, no such wariness surrounds the subject matter jurisdiction of California courts: Article III of the federal Constitution imposes a case-or-controversy limitation on federal court jurisdiction, requiring the party requesting standing [to allege] such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues. [Citation.]

motion to dismiss for lack of standing florida 2023