Video – Capacity To Sue Pt. 1

Posted by revolt | Video - Capacity To Sue Pt. 1 | Tuesday 22 June 2010 2:34 am

Capacity To Sue is a foreclosure defense you must understand. Watch the video.

Fla. R. Civ. Pro. 1.120(a) provides that: [i]t is not necessary to aver the capacity of a party to sue or be sued, the authority of a party to sue or be sued in a representative capacity, or the legal existence of an organized association of persons that is made a party, except to the extent required to show the jurisdiction of the court. (emphasis added)The initial pleading served on behalf of a minor party shall specifically aver the age of the minor party. When a party desires to raise an issue as to the legal existence of any party, the capacity of any party to sue or be sued, or the authority of a party to sue or be sued in a representative capacity, that party shall do so by specific negative averment which shall include such supporting particulars as are peculiarly within the pleader’s knowledge. Bold emphasis added

The issue of capacity to sue may be raised by motion to dismiss where the defect appears on the face of the complaint. See Hershel California Fruit Products Co. v. Hunt Foods, 111 F. Supp. 603 (1975), quoting Coburn v. Coleman 75 F. Supp. 107 (1974); Klebano v. New York Produce Exchange, 344 F.2d (2nd Cir. 1965)

Video by Attorney Michael Alex Wasylik of lawfirm Ricardo, Wasylik & Kaniuk PL. Dade City, Florida.

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