Motion to Strike

From Florida Legal Wiki

A Motion to Strike is filed to have the court eliminate Affirmative Defenses.

Affirmative Defenses which are nothing more than denials of the factual allegations in the complaint or conclusions of law must be stricken. Wiggins v. Protmay, 430 So.2d 541 (Fla. 1st DCA 1983).

Certainty is required when pleading affirmative defenses and pleading conclusions of law unsupported by allegations of ultimate fact is legally insufficient. Bliss v. Carmona, 418 So.2d 1017 (Fla. 3d DCA 1982), citing Chris Craft Industries, Inc. v. Van Valkenberg, 267 So.2d 642 (Fla. 1972), see also Zito v. Washington Federal Savings & Loan Association of Miami Beach, 318 So.2d 175 (Fla. 3d DCA 1975) (certainty is required when pleading defenses and claims alike).