Miami, FL asked in Appeals / Appellate Law for Florida

Q: If a Judge grants a Motion to Dismiss w/Prejudice against me & it goes against the weight of the evidence, can I appeal?

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2 Lawyer Answers

A: A motion to dismiss concerns the pleadings (your complaint, in particular), which have to do with allegations, not evidence. Evidence, as such, would not have been introduced at this stage. So if you were to appeal the issues in the appeal would be whether the factual allegations in your complaint, if true, would potentially justify a judgment in your favor.

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Charles William Michaels
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Answered

A: First, I am not a FLA lawyer. However, if you have a final judgment, I think you can appeal the grant of a motion to dismiss with prejudice. And I agree with the other attorney who posted an earlier answer to your question, as to the scope of any appeal.

1 user found this answer helpful

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