Sham pleading can be said to be a frolicsome strange pleading that is made specifically for the purposes vexing or harassing the complainant and it is based on false grounds. The pleader does it for delay of case rulings and they are normally made in bad faith for instance to delay justice from being served. In accordance to the Florida rule of civil procedure, a motion to strike a sham pleading is allowed before the court is set for trial and the motion shall be given a hearing. As a result if the motion is sustained then the pleading shall be stricken.
In reference to the divorce case between Joseph Lowe referred to as the husband and Linda Lowe referred to as the wife in the circuit court of the twentieth judicial circuit in and for Lee county Florida civil division I would grant the wife’s motion. The rationale for granting the wife’s motion is that she did a financial disclosure and filed her financial affidavit as required by the Florida Rule 12.285 of RFCP. On the other the husband who filed the motion of sham pleading do did do a financial disclosure as required and only gave false information with no facts.
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The pleading is on bad faith from the husband as he was fully aware of the wife’s monthly pension income as well as her retirement account. I would grant the wife the motion because she did full disclosure and the husband had knowledge for her finances and still made allegations in his petition of marriage dissolution. From the information filed by both the Linda and Joseph it is evident that the pleader was to extort money from Linda who has already encountered huge Attorney costs in the divorce case. It is also a way of delaying her form getting justice
References
Santini.S.R (2003) Motions to strike sham pleadings and summary judgment motions: is there a difference? Retrieved from https://www.floridabar.org/the-florida-bar-journal/motions-to-strike-sham-pleadings-and-summary-judgment-motions-is-there-a-difference/
Goldenberg, R., Boven, R. G., & Szorosy, A. J. (2018). Florida Family Law & Practice . LexisNexis.
Lee claerk. Org (n.d) Court Case Records retrieved from https://www.leeclerk.org/courts/court-case-records
Zhelesnik, G. A. (2015). Florida Rules of Civil Procedure Web Rules.
Zhelesnik, G. A. (2015). Family Law Rules.
