Florida Motion to Dismiss: Rule 1.140(b) Grounds and Deadlines

A Florida motion to dismiss asks the court to end a lawsuit before trial because the complaint has a legal defect, not because the facts are disputed. Under Florida Rule of Civil Procedure 1.140, a defendant has 20 days from being served to file it, and any defense the motion leaves out is generally lost for good. Get the grounds, the timing, and the format right the first time.

Grounds You Can Raise Under Rule 1.140(b)

Rule 1.140(b) lists seven defenses a defendant can raise by motion instead of, or before, filing an answer. Each targets a different kind of defect in the plaintiff’s case.¹

Failure to state a cause of action. Even if every fact in the complaint is true, it doesn’t describe a situation the law recognizes as grounds for relief. This is the most commonly used basis.
Lack of subject matter jurisdiction. The court has no authority over this type of case, such as a county court hearing a matter that belongs in circuit court.
Lack of personal jurisdiction. The court has no authority over the defendant, usually because the defendant has no meaningful connection to Florida.
Improper venue. The suit was filed in the wrong county or circuit.
Insufficiency of process. The summons or initiating documents were defective in form.
Insufficiency of service of process. The plaintiff didn’t deliver the lawsuit documents the way the rules require.
Failure to join an indispensable party. Someone whose involvement is central to the dispute wasn’t included.

The rule requires the defendant to state grounds “with particularity.” Vague or generic recitations of the rule won’t survive scrutiny; the motion has to explain why the specific ground applies to the specific complaint.

The 20-Day Deadline

A defendant has 20 days after being served with the complaint and original process to file a motion to dismiss or any other responsive pleading. When the State of Florida or a state agency is being sued under Section 768.28, the deadline extends to 30 or 40 days respectively.¹

Filing the motion pauses the clock on the defendant’s obligation to answer the complaint. If the court denies the motion, the defendant has 10 days from the denial to file an answer. That tolling effect is one reason defendants routinely file a motion to dismiss even when they intend to answer eventually: it buys time and forces the plaintiff to defend the complaint’s legal sufficiency before the case moves forward.

Missing the Deadline

A defendant who lets the 20 days close without filing anything risks a default. Under Rule 1.500, if a party who has been sued fails to file or serve any document after the deadline, the opposing party can move for a clerk’s default. Once a default is entered, the defendant loses the right to contest the claims, and the court can enter a judgment on damages without the defendant’s participation.¹

There is one safety valve. Until the clerk actually enters a default, the defendant can still file a late response. A day or two late isn’t automatically fatal, but waiting is a gamble because the plaintiff can move for default any time after the deadline expires.

Raise Every Defense at Once or Lose It

This is where defendants most often hurt themselves. Rule 1.140(g) requires a defendant to combine all available defenses into a single motion. If the motion raises one ground but leaves out another defense that was available at the time, the omitted defense is waived and cannot be raised in a later motion.²

If a defendant believes the court lacks personal jurisdiction and that the complaint also fails to state a cause of action, both arguments have to go into the same motion. Filing on personal jurisdiction alone and planning to raise the cause-of-action argument later forfeits the second defense.

One exception: subject matter jurisdiction can never be waived. The defendant, or the court itself, can raise it at any stage, even on appeal. Every other defense in Rule 1.140(b) has to be raised at the first opportunity or it’s gone.¹

What the Motion Should Include

A motion to dismiss is a formal court document, and Florida courts expect a standard structure. Sloppy formatting signals to the judge that the arguments inside may be equally careless.

Caption. The block at the top of the first page identifying the court, both parties, and the case number. Copy these directly from the complaint to avoid errors.
Title. A clear heading such as “Defendant’s Motion to Dismiss” immediately below the caption.
Body. The substantive section identifying which Rule 1.140(b) grounds apply, with particular explanation of why each ground applies to the facts alleged. Generic recitations of the rule won’t do.
Relief requested. A closing paragraph asking the court to grant the motion and dismiss the complaint.
Signature block. The name, address, Florida Bar number if an attorney, and signature of the person filing.
Certificate of service. A statement confirming that a copy was delivered to the opposing party or their attorney, including the date and method of delivery.

Filing and Serving the Motion

Florida requires virtually all court documents to be filed electronically through the statewide Florida Courts E-Filing Portal. Attorneys and represented parties must use the system; self-represented litigants may also be required to e-file depending on the circuit. The portal transmits the documents directly to the clerk of court.³

The motion must be served on the plaintiff or their attorney at the same time it’s filed. Service typically happens electronically through the portal or by email to the opposing party’s address of record. When the motion is filed through the portal, the system can generate service to registered users, but the filer is still responsible for confirming service was completed and documenting it in the certificate of service.

What Happens After Filing

The plaintiff gets an opportunity to respond in writing, arguing why the complaint is legally sound. The response timeline varies by judicial circuit because Florida’s statewide rules don’t set a single default. Local rules and individual judges’ procedures control the schedule, so check the assigned judge’s requirements.

The court may schedule a hearing where both sides present oral arguments, though some judges rule on the papers alone. At the hearing, the judge evaluates the complaint under a plaintiff-friendly standard: every factual allegation is assumed true, and all reasonable inferences go to the plaintiff. The defendant has to show that even so, the complaint doesn’t add up to a legally viable claim.

Three Possible Outcomes

Denial. The court finds the complaint legally sufficient. The case proceeds, and the defendant typically has 10 days to file an answer.
Dismissal with leave to amend. The court agrees the complaint is deficient but gives the plaintiff a chance to fix the problems and refile. This is the most common result when a motion to dismiss is granted, particularly on failure-to-state-a-cause-of-action grounds. It’s not a final order and can’t be immediately appealed.
Dismissal with prejudice. The court permanently ends the case. The plaintiff cannot refile the same claims. This is a final, appealable order, reserved for situations where no amendment could cure the defect.

Appealing a Dismissal

A plaintiff whose case is dismissed with prejudice has 30 days from the date the order is rendered to file a notice of appeal with the clerk of the lower court.⁴ Missing that deadline generally forfeits the right to appeal, so the clock starts immediately.

A dismissal with leave to amend isn’t a final order and can’t be appealed right away because the case isn’t over. If the plaintiff files an amended complaint and it’s dismissed again without leave to amend, that second order triggers the 30-day appeal window. A plaintiff who chooses not to amend after being given leave can ask the court to enter a final order of dismissal, which then becomes appealable.

Sanctions for a Baseless Motion

A motion to dismiss without any reasonable legal or factual basis can expose the filing party and their attorney to sanctions under Florida Statute 57.105. The court can award reasonable attorney fees to the opposing party when it finds the motion wasn’t supported by the material facts or by existing law. The fee award is split equally between the losing party and their attorney.⁵

The statute has a built-in safe harbor. Before filing a sanctions motion with the court, the moving party has to serve it on the opposing side and wait 21 days. During that window, the party who filed the questionable motion can withdraw it and avoid sanctions entirely.⁶

Sanctions don’t apply to a good-faith argument for changing or extending existing law, even one that ultimately fails. Courts distinguish creative legal arguments from meritless ones, and the statute protects the former.

1
The Florida Bar. Florida Rules of Civil Procedure – January 1, 2026
2
The Florida Bar. Florida Rules of Civil Procedure
3
Florida Courts. Rule 2.525 Electronic Filing
4
Rules for Florida Appellate Procedure. Rule 9.110 Appeal Proceedings to Review Final Orders of Lower Tribunals
5
Florida Senate. Florida Statutes 57.105 – Attorneys Fee Sanctions for Raising Unsupported Claims or Defenses
6
Official Internet Site of the Florida Legislature. Florida Statutes 57.105 – Attorneys Fee Sanctions for Raising Unsupported Claims or Defenses