Herranz v. Siam

2 So. 3d 1105 (2009)

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Herranz v. Siam

Florida District Court of Appeal
2 So. 3d 1105 (2009)

  • Written by Liz Nakamura, JD

Facts

Christian Herranz (plaintiff) filed an action against Roberto Siam (defendant). Siam moved to strike Herranz’s complaint, alleging that Herranz’s complaint was a sham pleading. The trial court scheduled an evidentiary hearing on Siam’s motion-to-strike on April 17, 2008. However, Herranz only received notice that a hearing would be held on April 17, not that it would be an evidentiary hearing. Following the April 17 evidentiary hearing, the trial court dismissed Herranz’s complaint, holding that it was a sham pleading. Herranz appealed, arguing that the dismissal order must be reversed because he never received notice that the April 17 hearing would be an evidentiary hearing and, therefore, his due-process rights were violated.

Rule of Law

Issue

Holding and Reasoning (Lagoa, J.)

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Casebooks

Florida Civil Procedure

Key Terms

  • Motion to StrikeA party’s official request that the court remove portions of the pleadings that are insufficient defenses, redundant, immaterial, impertinent, or scandalous.
  • Due ProcessA constitutional guarantee that a law shall not be unreasonable, arbitrary, or capricious and that individuals will be given notice of legal proceedings conducted fairly with an opportunity for an individual to be heard before the government may impose sanctions on one’s life, liberty, or property.
  • Sham PleadingA pleading that is inherently false or based on facts that were known to be false at the time the pleading was made.

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