April 1, 2026
In a recent hearing in Pinellas County, the attorneys at Chemere Ellis PLLC successfully defeated a motion to dismiss on behalf of our plaintiff client—preserving the heart of the case and keeping all major claims intact. Kristen Rickard defended the complaint and successfully handled the hearing.
Our client brought a multi-count action arising from a failed commercial transaction involving leased equipment and a replacement agreement gone wrong, asserting contract and fraud claims, and seeking replevin, rescission, and civil theft.
The defendants moved to dismiss the complaint in its entirety, challenging everything from the sufficiency of the fraud allegations to the viability of the contract and tort claims, in an effort to terminate the case before discovery even began.
They didn’t succeed.
At its core, the motion asked the Court to do too much, too soon—reinterpreting the parties’ agreement, disputing key factual allegations, and minimizing detailed fraud claims.
But at the motion to dismiss stage, those arguments don’t carry the day. The Court must accept the allegations as true and draw all reasonable inferences in the plaintiff’s favor.
The court did just that. Six out of seven claims survived. The Court rejected the defendants’ arguments across the board and allowed the case to proceed on all substantive claims. The only exception was an unjust enrichment claim—pled in the alternative—dismissed with leave to amend for a minor clarification of value—not a loss, just refinement.
This ruling reinforces a simple but critical point: motions to dismiss are not a vehicle to win on the facts.
Bottom line: the case moves forward with its core claims fully intact, strong leverage preserved, and real momentum heading into discovery.
A clear early-stage win—and a strong signal for what comes next.
For more information about drafting well-pleaded complaints and strategically defending motions to dismiss, please contact the attorneys at Chemere Ellis, PLLC at (813) 712-8813.
