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 OK maybe I got some things mixed up. respondent filed a motion to dismiss on 3.2 but it was not actually served on Petitioner till 3.4, Oder granting motion to dismiss was filed on 3.12 while petitioners response to motion to dismiss was not filed until 3.13. So the petitioner did NOT get a response in before the motion to dismiss was granted

I am only asking to get a grasp on how to dismissal could have happened without the Petitioners response to Respondents motion to dismiss.


OK ...
When motions are filed AGAINST you that you wish to oppose, NOTICE THEM FOR HEARING at once, after conferring with opposing.


But I still don't get how the motion to dismiss was granted without the petitioners' response.

I have made the "notice Immediately" on the notes for this case.


Can I also object to verbal argument? Can I ask for a hearing based on written pleadings since i am NOT an attorney?


Judges can sometimes enter orders sua sponte, i.e., on their own, without a motion for such orders.

Objecting now might be replaced by re-writing the complaint so as to avoid the motion to dismiss by following my course tactics so you state a genuine cause of action, Ms. Lee.


These documents also state Petitioner and Respondent. They are for enforcement of florida statute of public records. Would a petition for enforcement be the right way to label this document?

Not seeking money. Seeking the records.


Short answer yes.   Longer answer is to use a two prong approach.     In the alternative....

What two prong approach would you use?

"PETITION FOR ENFORCEMENT OF FLORIDA STATUTE CHAPTER 119: COMPLAINT FOR WRIT OF MANDAMUS, OR IN THE ALTERNATIVE, FOR DECLARATORY AND INJUNCTIVE RELIEF"


How to Write the "Alternative" SectionInside the document, you would separate these into Count I and Count II:
Count I: Mandamus. "Respondent has a clear legal duty to provide [Record Name] under §119.07(1). Petitioner has a clear legal right to receive it."Count II: Declaratory Relief (In the Alternative). "Should the Court find Mandamus unavailable, Petitioner requests a declaration that the requested records are public records not subject to any statutory exemption."

Quick Tip: Ensure you mention that Section 119.11, Fla. Stat. requires the court to prioritize this case. This "accelerated" status applies regardless of which prong the judge focuses on.


 Using a "two-prong approach" (pleading in the alternative) is not just allowed—it is a very smart legal strategy in Florida public records litigation. It prevents the agency from wiggling out of their obligations on a technicality.


In Florida, this is typically handled by structuring your document to ask for two different types of "relief" at the same time.

The Two-Pronged Structure
When you plead in the alternative, you are essentially telling the court: "Your Honor, the Respondent is violating the law. I want the records via Method A, but if for some reason Method A doesn't apply, I am entitled to them via Method B."

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