FLORIDA APPEALS JOURNAL™
JOURNAL ENTRY 6.2020

THE BIG QUESTION: What is a motion to strike a pleading, and how do you use it? The Florida Rules of Civil Procedure provide two remedies for removing impertinent or untrue material from a case.

Rule 1.140 (subdivision f) says that any party can move to strike redundant, immaterial, impertinent, or scandalous material.

Rule 1.150 is known as the Sham Pleadings Rule and is for the removal of material known to be false in fact.

Florida appellate attorney Jennifer Carroll explains that a litigant must comply with the procedural requirements of the rule to be protected later in the proceedings. There are general standards to remember in using a motion to strike.

COURTROOM SAVVY: On a motion to strike, be sure you’re following the right procedural path. Consider your strategy carefully. Remember, on a motion to dismiss you are bound to the four corners of the pleading, so you can’t bring out any extraneous material. You have more leeway with a motion to strike.

CITATIONS  
Bornstein v Marcus,169 So3d 1239 (4th DCA 2015)
Furst v. Blackman, 819 So2d 222 (Fla.4th DCA 2002)

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The Law Offices of Jennifer S. Carroll, P.A. is dedicated to advocating and protecting clients’ rights in state and federal appeals, posttrial proceedings, as well as pretrial and trial proceedings that involve resolution of significant legal issues. The firm’s mandate is to provide such representation at the highest quality for all clients. By the time a case reaches our firm, it is complicated. It either started that way, or it became difficult as a result of errors which occurred in the trial court proceedings. Our goal is to simplify these difficult cases and resolve them in the best interests of all clients.

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