Florida Sample Letter for Motion to Dismiss for Want of Prosecution

• Category: Letters - Legal - Motions
• State: Multi-State
• Control #: US-0932LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form. [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Position] [Law Firm or Court Name] [Address] [City, State, ZIP Code] Re: Motion to Dismiss for Want of Prosecution — [Case Name/Number] Dear [Recipient's Name], I hope this letter finds you well. I am writing as counsel for [Your Client's Name], the defendant in the above-mentioned case, to request a Motion to Dismiss for Want of Prosecution. The purpose of this letter is to outline the pertinent reasons for seeking dismissal of the case based on the plaintiff's failure to diligently pursue and prosecute their claims. Firstly, I would like to acknowledge that Rule [Insert Applicable Florida Rule Number] of the Florida Rules of Civil Procedure provides for the dismissal of cases when the plaintiff fails to prosecute diligently. In our case, we firmly believe that the plaintiff's inaction and lack of progress have resulted in an unnecessary delay in the resolution of this matter. Secondly, despite the passage of considerable time, the plaintiff has failed to take any meaningful steps toward advancing the litigation. Their lack of action is evidenced by the absence of filed pleadings, limited discovery requests, and a noticeable lack of effort to engage in settlement negotiations or mediation, as required by court rules. We request the court's attention to the following key factors supporting our Motion to Dismiss for Want of Prosecution: 1. Lack of activity: This case has been pending for [insert duration], during which time the plaintiff has failed to file any substantive documents or attend court hearings, resulting in a standstill in the proceedings. 2. Absence of communication: The plaintiff has failed to communicate with both our client and the court regarding the progress or lack thereof in this case, despite multiple attempts to initiate dialogue and seek resolution. 3. Failure to comply with court rules: The plaintiff has demonstrated a lack of diligence in complying with court rules related to case management, discovery, and timely responses to correspondence. Based on the aforementioned circumstances, we respectfully request that the court grant our Motion to Dismiss for Want of Prosecution. Alternatively, we request the court to issue an order requiring the plaintiff to show cause within a specified period as to why the case should not be dismissed due to their lack of prosecution. Should the court grant our motion, we kindly request that it, in its discretion, impose reasonable conditions on any potential reinstatement of the case, such as reimbursement of our client's reasonable costs and attorney's fees incurred due to the plaintiff's inaction. Please consider this letter as our formal request for immediate action to address the lack of prosecution in this case. We kindly request a prompt response from the court to expedite the resolution and provide our client with the justice and closure they rightfully deserve. Thank you for your attention to this matter. We look forward to receiving the court's response regarding the status of this case. Yours sincerely, [Your Name] [Your Title] [Law Firm Name]

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Position] [Law Firm or Court Name] [Address] [City, State, ZIP Code] Re: Motion to Dismiss for Want of Prosecution — [Case Name/Number] Dear [Recipient's Name], I hope this letter finds you well. I am writing as counsel for [Your Client's Name], the defendant in the above-mentioned case, to request a Motion to Dismiss for Want of Prosecution. The purpose of this letter is to outline the pertinent reasons for seeking dismissal of the case based on the plaintiff's failure to diligently pursue and prosecute their claims. Firstly, I would like to acknowledge that Rule [Insert Applicable Florida Rule Number] of the Florida Rules of Civil Procedure provides for the dismissal of cases when the plaintiff fails to prosecute diligently. In our case, we firmly believe that the plaintiff's inaction and lack of progress have resulted in an unnecessary delay in the resolution of this matter. Secondly, despite the passage of considerable time, the plaintiff has failed to take any meaningful steps toward advancing the litigation. Their lack of action is evidenced by the absence of filed pleadings, limited discovery requests, and a noticeable lack of effort to engage in settlement negotiations or mediation, as required by court rules. We request the court's attention to the following key factors supporting our Motion to Dismiss for Want of Prosecution: 1. Lack of activity: This case has been pending for [insert duration], during which time the plaintiff has failed to file any substantive documents or attend court hearings, resulting in a standstill in the proceedings. 2. Absence of communication: The plaintiff has failed to communicate with both our client and the court regarding the progress or lack thereof in this case, despite multiple attempts to initiate dialogue and seek resolution. 3. Failure to comply with court rules: The plaintiff has demonstrated a lack of diligence in complying with court rules related to case management, discovery, and timely responses to correspondence. Based on the aforementioned circumstances, we respectfully request that the court grant our Motion to Dismiss for Want of Prosecution. Alternatively, we request the court to issue an order requiring the plaintiff to show cause within a specified period as to why the case should not be dismissed due to their lack of prosecution. Should the court grant our motion, we kindly request that it, in its discretion, impose reasonable conditions on any potential reinstatement of the case, such as reimbursement of our client's reasonable costs and attorney's fees incurred due to the plaintiff's inaction. Please consider this letter as our formal request for immediate action to address the lack of prosecution in this case. We kindly request a prompt response from the court to expedite the resolution and provide our client with the justice and closure they rightfully deserve. Thank you for your attention to this matter. We look forward to receiving the court's response regarding the status of this case. Yours sincerely, [Your Name] [Your Title] [Law Firm Name]