As one Court wryly observed: “Having never succeeded, during [22] years of legal practice in Broward County, in obtaining a trial court order granting a Florida Rule of Civil Procedure 1.150(a) motion to strike, I had figuratively relegated that rule to the dusty library shelf alongside the Harvard Classics, as it seemed equally unread and unused. Motion to Strike Redundant, Immaterial, Impertinent, or Scandalous Matter, Slip and Fall, Premises Liability, and Other Negligence Claims, Civil Litigation & Individual Legal Services, motions to strike redundant, immaterial, impertinent, or scandalous matter under Fla. R. Civ. Moreover, the trial court must hold an evidentiary hearing before deciding a Rule 1.150 motion to strike. Accordingly, during oral argument, I complimented appellee’s counsel for having apparently obtained such an order in the instant case.” Kay v. Hashemi, 518 So. 2d 1168, 1169 (Fla. 4th DCA 1991). Generally, the striking of pleadings is not favored and all doubts are to be resolved in favor of the attacked pleadings. Specifically, Rule 1.150 states that “[i]f a party deems any pleading or part thereof filed by another party to be a sham, that party may move to strike the pleading or part thereof before the cause is set for trial and the court shall hear the motion, taking evidence of the respective parties, and if the motion is sustained, the pleading to which the motion is directed shall be stricken.”18, A Rule 1.150 motion can be dispositive. 654 (Fla. 1936), based on the 1931 Chancery Act, the Florida Supreme Court held that a 58-page exhibit — while potentially admissible as evidence — was not material and violated the rule requiring a statement of the claim in “as brief and succinct terms as reasonably practicable, and shall contain no unnecessary recitals of documents in haec verba, or other irrelevant, redundant, or impertinent matter not relevant to the suit, and that no papers shall be unnecessarily annexed as exhibits.”10 Those same pleading restrictions endure today in Rules 1.110 and 1.140(f). SERVICE AND FILING OF PLEADINGS, ORDERS, AND DOCUMENTS, RULE 1.115.
2d 505, 507 (Fla. 3d D.C.A.
Motion To Strike - Civil Case. A motion to strike a matter as redundant, immaterial, or scandalous should only be granted if the material is 1) wholly irrelevant, 2) can have no bearing on the equities, and 3) has no influence on the decision.13 The court might utilize a “causal connection” test to determine whether the subject material met the three factors.14. Even if heard sooner, there is no guarantee that a sham pleading motion will bring the case to a close. All else being equal, I prefer summary judgment motions.” In saying so, you will be echoing the sentiments of those who drafted Florida’s rule on motions to strike sham pleadings: “The falseness of material determinative matter is probably better determined by motion for summary judgment and in accordance with the rules pertaining to such a motion, in order to obtain a final judgment.”16. Co.. 763 So. The well-known but seldom applicable or utilized motion to strike a sham pleading is governed not by Rule 1.140(f) but rather 1.150. Joint Venture, 342 So. . SURVIVOR; SUBSTITUTION OF PARTIES, RULE 1.270. 25 S ean R. Santini, Motions to Strike Sham Pleadings and Summary Judgment Motions: Is There A Difference?, 77 Fla. B.J.
2 F la. But that is true regardless of whether your motion is one to strike or for summary judgment. 2d 778, 780 (Fla. 2d DCA 1982), the Court concluded that when a party submits any evidence to support his allegations which directly contradicts the other party’s position, the court cannot strike one party’s pleadings simply because the opposing party says they are false.