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IN THE CIRCUIT COURT, [circNum] JUDICIAL CIRCUIT,

IN AND FOR [county] COUNTY, FLORIDA

[plfName]	)
Plaintiff,	)
)
vs.	)	Case No (LT):	[caseNo]
[defName]	)	Division:	[caseDiv]
)
Defendant,	)

PLAINTIFF’S VERIFIED MOTION TO STRIKE DEFENDANT’S [PLEADINGTITLE] (AS A SHAM PLEADING)

Plaintiff, [plfName], on this [d] day of [MMM] [YYYY], hereby moves this Court - pursuant to Rule 1.150 Fla. R. Civ. P. - to strike the “[pleadingTitle]” that Defendant [defName] filed in this court (see Doc No [XX]; [dtFiled]).

Key Points:

Grounds	materially false statements;

Table of Contents:

Context	2nd Page
Motion	3rd Page
Certificates	6th Page
Exhibits	7th Page
Affidavits	9th Page

Background:	Defendant [didSomething]

Problem:	Defendant’s action [wasASham]

Request:	Court strikes Defendant’s motion

Rule 1.150 Fla. R. Civ. P. | Sham Pleadings (highlights added)

“(a) Motion to Strike. If a party deems any pleading or part thereof filed by another party to be a sham, that party may move to strike the pleading or part thereof before the cause is set for trial and the court shall hear the motion, taking evidence of the respective parties, and if the motion is sustained, the pleading to which the motion is directed shall be stricken.”

Precedence

2014-CA-002567-XXXX	- CV-C (10/1/14)

2019-CA-002448-XXXX	- CV-H (6/5/19)

2019-CA-004556-XXXX	- CV-D (9/16/19)

Duval regularly grants similar motions to strike sham pleadings

Abbreviations

[M###]	-	Page ### of ‘That Motion’
4DCA	-	Fourth District Court of Appeals (FL)
AHCA	-	Agency for Healthcare Administration (FL)
OAG	-	Office of Attorney General (FL)
USFLMD	-	US District Court, Florida, Middle District

MOTION

Pertinent History

[hist001].

[hist002].

[hist003].

[hist004].

[hist005].

[hist006].

Analysis

[any001].

[any002]

[any003]

[any004]

[any005]

[any006]

Arguments in Favor of Striking That Motion

According to Florida’s Supreme Court, sham pleadings must be stricken in order to allow only genuine issues to survive to trial:

“the effect that the very object of a motion for judgment because of sham pleadings "is to separate what is formal or pretended in denial or averment from what is genuine or substantial, so that only the latter may subject a suitor to the burden of trial".”

Meadows v. Edwards, 82 So.2d 733 (Fla. 1955)

Here, in the instant case, what was ‘formal/pretended’ was That Motion (in its entirety):

“to strike as sham pleas interposed by a defendant which are shown to be false and filed merely for delay, though apparently good on their face and verified in legal form, and thereupon to give plaintiff a final judgment against the defendant as upon default for want of any defense whatsoever.”

Rhea v Hackney, 157 So. 190

Plus, since That Motion was “inherently false”, it should be stricken:

“A plea is considered sham when it is palpably or inherently false, and from the plain or conceded facts in the case, must have been known to the party interposing it to be untrue.”

Rhea v Hackney, 157 So. 190

That Motion’s palpably false basis has only served to delay the justice that Plaintiff is entitled to. The Rhea court also held that dilatory tactics are ripe for striking:

“the tactics of the defendant in this case indicate clearly that the real purpose and intent was to delay the entry of a judgment herein as long as possible”

Rhea v Hackney, 157 So. 190

Moreover, Defendant knew that [he/she] was making false statements. Yet - mired in dishonesty – [he/she] proceeded with [his/her] intent to get an unfair advantage. This is a textbook example of bad faith (highlights added):

“bad faith: breach of faith; willful failure to respond to plain, well-understood statutory or contractual obligations; dishonesty in fact in the conduct or transaction concerned.”

Barron’s Dictionary of Legal Terms, 2016 ©

According to the US Supreme Court, such bad faith tactics should be stricken as sham:

“As otherwise expressed, to warrant the rejection of a pleading as sham, it must evidently be a mere pretense set up in bad faith and without color of fact.”

Rhea v Hackney, 157 So. 190

In short, That Motion was based on two materially false statements. Defendant authored them as bad faith dilatory tactics aimed at impeding Plaintiff’s access to justice. An inherently false act that this Court is well-positioned to strike down.

CONCLUSION

WHEREFORE, Plaintiff respectfully asks this Court to strike “[pleadingTitle]” {[XX]} because it is a sham pleading materialized by two indisputably false statements.

Dated this [D] day of [MMMM] [YYYY].

Respectfully submitted,

/s/ [plfName]

[plfName], Plaintiff

[plfAddy]

P: [plfPhn]

E: [plfEml]

W: TextBookDiscrimination.com

Get Booked Up on Justice!

CERTIFICATE OF COMPLIANCE

I certify that the size and style of type used in this document is Times New Roman 14-point Font (caption) and Courier New 12-point Font (contents); thus complying with the font requirements of Rule 9.210(a)(2) Fla. R. App. P.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this [D] day of [MMMM] [YYYY], I electronically filed the foregoing by using the Florida Courts E-filing Portal which will send a notice of filing to the attached service list.

/s/ [plfName]

Endnotes:

How-To Guide: (interactive)

TextBookDiscrimination.com/Guides/Motions/Strike-Sham.html

SERVICE LIST

[defAtt], Esquire ([barNum]) E: [defEml] P: [defPhn] (defendant’s trial lawyers)

EXHIBIT A

AFFIDAVIT

IN THE CIRCUIT COURT, [circNum] JUDICIAL CIRCUIT,

IN AND FOR [county] COUNTY, FLORIDA

[plfName]	)
Plaintiff,	)
)
vs.	)	Case No (LT):	[caseNo]
[defName]	)	Division:	[caseDiv]
)
Defendant,	)

PLAINTIFF’S VERIFIED AFFIDAVIT IN SUPPORT OF ‘PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S MOTION TO SET ASIDE DEFAULT (AS A SHAM PLEADING)’

The affiant, [plfName], swears or affirms as follows:

Background

I am over the age of eighteen (18).

I am a civilian; a resident of [cou] County, Florida.

This affidavit is made in good faith.

Familiarity

I have read the Division Rules, the Florida Rules of Civil Procedure, the Florida Rules of Judicial Administration, the Florida Rules of Appellate Procedure, and much more.

The facts mentioned in this Affidavit are based on (a) verifiable public fact; and (b) my own personal observations/knowledge.

Pertinent Facts

[affFact001].

[affFact002].

[affFact003].

[affFact004].

[affFact005].

[affFact006].

Ultimate Facts

[ultFact001].

[ultFact002].

[ultFact003].

Verification Under Oath Pursuant to §92.525 FS and 28 USC §1746

I declare under penalty of perjury that the foregoing is true and correct. Executed on this [D]th day of [MMMM] [YYYY].

UNITED STATES OF AMERICA Florida [cou] County	[M]/[D]/[YYYY]
[plfNm], Affiant

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