In Florida, a motion to dismiss for failure to state a cause of action is governed by Florida Rule of Civil Procedure 1.140(b)(6). This rule is similar to the federal standard found in Rule 12(b)(6) of the Federal Rules of Civil Procedure. The legal standard for a motion to dismiss for failure to state a cause of action in Florida is based on the following principles:

1. Conclusory Statements: The court will accept all the factual allegations in the plaintiff's complaint as true and will view them in the light most favorable to the plaintiff. However, mere conclusory statements or legal conclusions without supporting factual allegations are not sufficient.

2. Plausibility Standard: The plaintiff's complaint must state a plausible claim for relief. This means that the plaintiff must allege sufficient facts that, if true, would make the asserted claims plausible. The court will not dismiss a case based on a motion to dismiss if the complaint raises a plausible inference that the defendant is liable.

3. Particularity: Some types of claims, such as fraud, require a higher level of particularity in the pleading. In such cases, the plaintiff must provide specific details regarding the alleged fraudulent conduct.

4. Documents Incorporated by Reference: When a document is referenced in the complaint and is central to the plaintiff's claim, it may be considered part of the complaint, and the court may consider it when ruling on a motion to dismiss.

5. Public Records: If the complaint relies on a public record, the court may take judicial notice of that record.

The Florida courts use a fact-based analysis to determine whether a complaint states a cause of action. If the plaintiff's complaint provides enough factual detail to establish a plausible claim for relief, the motion to dismiss for failure to state a cause of action is generally denied. If the complaint fails to do so, the court may grant the motion to dismiss.

Please contact Joel Ewusiak for legal assistance with your specific matter.