MOTION TO DISMISS - IN THE COUNTY COURT OF THE FOURTH...

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Unformatted text preview: IN THE COUNTY COURT OF THE FOURTH JUDICIAL CIRCUIT, DUVAL COUNTY, FLORIDA Case No. _08-110_ GILBERT GRAPE, INC., ) Division: CV-P ) Plaintiff ) ) v. ) ) ORANGE SODA, CO., ) ) Defendant ) DEFENDANTS MOTION FOR ORDER TO DISMISS, MOTION TO STRIKE, OR IN THE ALTERNATIVE FOR MORE DEFINITE STATEMENT Defendant, by and through undersigned counsel and pursuant to Rule 1.140(b), (e) and (f), moves this Court for an order dismissing Plaintiffs Complaint, striking portions of Plaintiffs Complaint, or in the alternative, requiring a more definite statement and states: MOTION TO DIMSISS 1. Court lacks the personal jurisdiction over Defendant. 2. Plaintiffs Count II fails to state a cause of action upon which relief can be granted. 3. Plaintiffs Count III fails to state a cause of action upon which relief can be granted. MOTION TO STRIKE 4. Paragraph 11 alleges that Defendant told Plaintiff that it could pound some sand. The allegation is immaterial and scandalous and should be stricken from Plaintiffs Complaint. 5. Paragraph 12 alleges that Plaintiff has hired an attorney. 5....
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MOTION TO DISMISS - IN THE COUNTY COURT OF THE FOURTH...

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