Romeo Smith v. State of Florida

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, at best, the motion to strike the affidavit attached to defendants’ motion to dismiss under Rule 12(f
• holding that an affidavit is not a pleading within the meaning of the rule
• holding that the plaintiffs failed to state a cause of action under § 301 of the LMRA because, “[a]bsent an express contractual provision, there is no prohibition against [an employer] moving its operations to [another state]”
• noting that the Rules’ discussion of motions to strike “ does not make provision for testing the legal sufficiency of affidavits”
• explaining that the determination of a motion need not always be expressed but may be implied by an entry of an order inconsistent with granting the relief sought
• denying motion to strike an affidavit attached to a motion for summary judgment which, the movant argued, was inadmissible evidence

Source: CourtListener parenthetical corpus (CC0).