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Op stop biting the hands that are trying to feed you or you will starve to death. This site has more people on it with real legal knowledge then any, other than the defunk AOC. You need to tone down the snotty remarks-
While I don't know the answer from my understanding in Florida a Motion to Dismiss is filed prior to any other response. MSJ is usually filed after discovery but can be filed anytime after 20 days.--This is in the RCP's for your area, I would think they would be online. But I don't know.
You need to start your discovery questions now and get them off asap. If they don't answer them it could be your way out of this. If they do answer them then you will know how to fight them or settle.
Get over them not have a contract, you will need to fight them on the RCP's and caselaw. If your statutes says they must attach whatever and they didn't you would use that in your MTD or MSJ.
You have to take ever COA in the complaint and attack each and everyone with caselaw and the RCP's. If all they have is account stated you need to really research this area and see if you can attack it.
Look at the first post from the NY Judge, I beleive she was specific if what is required.
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