Comparison: Motion vs Pleading

“Although commonly employed, the use of the term "pleading" to describe all of the various papers filed in an action is incorrect. "A pleading seeks to frame factual issues for determination. This is the meaning when the term pleading is used in the Rules of Civil Procedure... Motions are not pleadings." Trawick, Florida Practice and Procedure, § 6-1, p. 65 (1989 ed.) Trawick also notes that motions cannot be directed against other motions. Id. at § 10-2, p. 154. Accordingly, the Tanners' use of a motion to strike the Motzers' motion to dismiss as a sham pleading was improper."

• Q. Are Motions Pleadings? No.
  • at least not according to Florida's Fifth District Court of Appeals
    • see Motzer v Tanner, 561 So.2d 1336 (5DCA 1990)

• Florida Practice and Procedure (1989 Ed.)
  • §6-1, P.65
  • Trawick

• Motzer v. Tanner, 561 So.2d 1336 (5DCA 1990)