Filing 33608792 E?Filed 10/23/2015 12: 19:14 PM

IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR
ALACHUA COUNTY FLORIDA

Prioria Robotics, Inc.,
Plaintiff,
V- CASE NO.: 01-2015-0002544
DIV.: 
Condor Aerial, LLC,

Defendant.

MOTION TO DISMISS COMPLAINT

Defendant, Condor Aerial, LLC (?Condor?), by and through undersigned counsel and pursuant to
Florida Rules of Civil Procedure and and other applicable rules, hereby move this
Honorable Court for entry of an order dismissing the Complaint of Prioria Robotics, Inc. (?Prioria?) for

failure to state a claim upon which relief may be granted, and in support thereof would state:

Failure to Comply with Florida Rule of Civil Procedure 1.130

1. Plaintiff refers to an amount of $94,540 that Defendant purportedly owes to Plaintiff but fails
to attach any contract, purchase order, bill of sale, or the like or otherwise sufficiently identify the basis of
the alleged debt.

2. However, without attaching or properly incorporating the above, Plaintiff fails to
sufficiently allege authority to enforce many if not all of its rights as well as the extent of such rights or
limitations thereto.

3. As these Missing Documents are the basis for such claims, Plaintiff was required to fully

incorporate in or attach it to the complaint. See Fla. R. Civ. P. 

"2015 CA 002544" 33608792 Filed at Alachua County Clerk 10/23/2015 12:19:29 PM EDT

4. As no such document was attached or incorporated and the allegations are insufficient, the
complaint is subject to a motion to dismiss. See Samaels D. King Motor Co., 782 So. 2d 489, 500 (Fla. 4th DCA
2001). Since such allegations are incorporated through each count, it infects the entire Complaint.

Lack of Standing Insuf?cient Pleading Real Party in Interest

5. Plaintiff makes bald statements that Condor owes Prioria, but fails to state specific facts
supporting such claim.
6. However, it does not provide the required specificity with regard to such allegations of

the right to bring such claims.

7. Moreover, Plaintiff fails to state or otherwise set forth the elements of its claim.
8. Where such specificity is lacking, the Complaint fails to state a cause of action.
9. In Florida courts, a complaint must state a cause of action. See Fla. R. Civ. P. 

While federal courts are inclined to ignore proper pleading requirements that is not so in Florida practice.
Nguyen v. Roth Realty, Inc., 550 So. 2d 490, 491 (Fla. 5th DCA 1989).

10. Throughout its complaint and as described infra, Plaintiff simply makes conclusions of
law and not short and plain statements of ultimate facts showing that it is entitled to relief as required by
Fla. R. Civ. P. 1.110.

11. Craftsmanship in pleadings frame the issues between the parties so they can "know what
they've got to meet and get ready to meet it." Id. citing Massey?Ferguson, Inc. 0. Santa Rosa Tractor Company,
Inc., 366 So.2d 90 (Fla. 1st DCA), cert. denied, 376 So.2d 75 (Fla. 1979).

12. Critically, legal conclusions are fatally defective unless substantiated by sufficient
allegations of ultimate fact; and every fact essential to the cause of action must be pleaded 
definitely, and clearly. Ocala Loan Co. v. Smith, 155 So. 2d 711, 716 (Fla. 1st DCA 1963).

13. The Florida Supreme Court underscored the importance of proper pleading when it

referenced the editor?s comment to the Fla. R. Civ. P. 1.110. Pro?Art Dental Lab, Inc. v. V?Strategz'c Group,
2

LLC, 986 So. 2d 1244, 1252 (Fla. 2008). Specifically, the Supreme Court reiterated that vague and loose
pleading are not permitted. Id.

14. Unlike the pleading requirements in the federal courts where notice pleading is the
prevailing standard, the Florida Rules of Civil Procedure require fact pleading. Horowitz o. Loske, 855 So.
2d 169, 172 (Fla. 5th DCA). Moreover, pleadings must be stated with sufficient particularity for a defense

to be prepared. Id. at 173.

Failure to Request Proper Relief

15. Plaintiff fails to sufficiently allege authority for pre-judgment interest.
RESERVATION OF RIGHTS
16. As Defendant is unclear of the exact claims and allegations made against it as detailed

above, Defendant reserves the right to raise additional defenses should Plaintiff amend or otherwise
clarify the nature of the relief sought.

Wherefore Defendant respectfully requests that this Court enter an order dismissing the
complaint and awarding attorney fees to the extent permitted, costs, and granting all other such relief as
this Court deems just and appropriate.

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been electronically filed
using the E-Filing Portal System. I also hereby certify that a true and correct copy of the foregoing has
been furnished by the Portal to George Franjola, Esq. of Gilligan, Gooding, 8: Franjola, PA. on the date

shown on the Eservice filing record.

/s Brent A. Gordon

BRENT A. GORDON, Esquire

FBN: 11902

THE GORDON LAW FIRM, F.A.

PO. Box 10338; Tampa, Florida 33679

(727) 379-2288; (813) 448-1787
bg@thegordonfirm.com

ATTORNEY FOR CONDOR AERIAL, LLC

3