Motion to Strike

[mudbunnies]

Hey Soc...

hopefully this is an easy general question...

Florida case

Motion for Contempt filed by Petitioner, Motion to Strike Motion for Contempt filed by Respondent, grounds being that Motion for Contempt is to vague and ambiguous.

1.  If Motion to Strike is granted, can Petitioner file a new Motion for Contempt?

or

2.  Does a granted Motion to Strike take away the right to file for contempt on the charges contained with the original motion?

(basically does the Mot to Strike just strike the current motion or does it strike the actual reasons within the original motion I guess is a better way to phrase the question)

[socrateaser]

1-2.

A motion to strike is a motion to dismiss a charge or count of an offense.

On your facts, the request is to dismiss not because your evidence is insufficient, but because the charge itself is too vague/ambiguous to be reasonably understood as a violation of the court's order(s). Therefore, there is no challenge to the supporting allegations, so if the motion to strike is granted, the plaintiff/petitioner should be able to renew the count/charge by making it clearly state grounds for contempt.