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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 ) DEFENDANT’S 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 Plaintiff’s Complaint, striking portions of Plaintiff’s Complaint, or in the alternative, requiring a more definite statement and states: MOTION TO DIMSISS 1. Court lacks the personal jurisdiction over Defendant. 2. Plaintiff’s Count II fails to state a cause of action upon which relief can be granted. 3. Plaintiff’s 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 Plaintiff’s Complaint. 5. Paragraph 12 alleges that Plaintiff has hired an attorney. 5....
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- Spring '08
- Complaint, Pleading, Cause of action