However, it is error for a trial court to permit a defense over an objection when first presented at trial. Interpleader actions can be complex and since they are like any other lawsuit, attorneys fees and costs can be expensive if they are aggressively litigated. You can explore additional available newsletters here. Section 475.25(1)(d)1., Florida Statutes, sets for the statutory procedure that real estate professionals should follow in the event of conflicting binder claims. District Attorney of N.Y. County v. The Republic of The Philippines, No. Given the competing claims to the funds, the holder can wait for the parties to resolve their dispute or file an interpleader action asking the court to decide who should get the funds being held. As a fourth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants are informed and believe, and on such information and belief, allege that Plaintiff is engaged in conduct that constitutes waiver of his rights. - ignorance of the law. See Penn Mutual's Answer, Affirmative Defenses and Interpleader, Exhibit J (identifying the discussion date as August 4, 2009). Contributory negligence. SEE ALSO: Default Motions and Judgments (Research Guide) DEFINITIONS: "The defendant in the answer shall specially deny such allegations of the complaint as the defendant who intends to However, you may want to contact an attorney for a full explanation of Affirmative Defenses and an analysis of whether a particular defense applies to your case . What is an Interpleader Action? . 300 S. 4th Street #1400 Texas SB1552 2023-2024 Relating to affirmative defenses for a Texas Commission on Environmental Quality enforcement action for unauthorized emission or opacity events. As a first, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that Plaintiffs unverified Complaint, in its entirety, nor any purported cause of action set forth therein, allege facts sufficient to constitute a cause of action against these answering Defendants. On April 22, 2014, Nachman sent Transamerica a letter in which Nachman claimed that he was the rightful Policy beneficiary, that he never transferred ownership of the Policy, and that he commenced legal proceedings to establish his ownership. Nancy obtained the Policy from Transamerica Life Insurance Company (Transamerica) in October 2006. ___________, as owner of_________, derivatively on behalf of___________, and ______________, an Individual. An interpleader action protects the holder of assets (such as a bank account, brokerage account or life insurance policy proceeds) and property when there is a dispute between two or more parties claiming ownership. Every case involves risk, including the risk of loss. An interpleader proceeding has two stages. the Stacy Foundation in the Funds that are subject of this action. Acknowledged that Plaintiffs so allege. New facts need to be sufficiently pleaded to establish each element of a claimed affirmative defense. Defendant affirmatively alleges that Plaintiff has failed to state a legal basis to discharge Plaintiffs insured from liability for [his/her] negligence or to restrain Defendants from initiating claims against Plaintiffs insured, and that any such relief should be denied. 1335. An interpleader action should be entered into when the escrow agent has no interest in the money that is the subject matter of the dispute and there is no independent liability asserted against him. Inovlotska, 8 A.D.3d at 624-25; Birnbaum v. Marine Midland Bank, 96 A.D.2d 776 (1st Dept. As stated in Chapter 2 "The Legal System in the United States", a criminal defendant will be acquitted if the prosecution cannot prove every element of the offense beyond a reasonable doubt. As a tenth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that its full performance of any agreement or act required of it, if there be such agreements or acts, fulfills all its duties and obligations to Plaintiff, if any there be, contractual, fiduciary, or other, and no other duty or obligation to Plaintiff remains on behalf of these answering Defendants. - Noerr-Pennington defense (antitrust) (a Sherman Act defendant can raise the affirmative defense of right to petition for redress, even if they use that right to try to gain an anti-competitive advantage). The information contained in the forms on this website cannot and must be relied on for the purposes of filing legal documents or otherwise pursuing a claim. v. Doyle, 429 U.S. 274 (1977)). Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. RULE 3: A civil action is commenced by filing a complaint with the court. As a second, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that the action sued on herein is barred by the provisions of Civil Code Sections 1624(b), 1624(c) and 1624(d), in that the contract sued on is for the building and site remodeling, trade services, labor and materials of real property and is invalid unless subscribed by the party sought to be charged. Jeff Vail is the founder of Vail Law LLC in Greenwood Village, Colorado (www.vail-law.com). 16. Rule 8(c) requires that both defenses to liability and defenses that potentially mitigate damages must be set forth in the pleadings. 16 TWENTY-FOURTH AFFIRMATIVE DEFENSE (No Punitive Damages) 159. As an eighth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that Plaintiff herein, and each and every cause of action contained in the unverified Complaint, is barred because Plaintiff has engaged in acts and courses of conduct which render him in pari delicto. 2d 355, 362 (S.D.N.Y. Impleader is a United States civil court procedural device before trial in which a defendant joins a third party into a lawsuit because that third party is liable to an original defendant.Using the vocabulary of the Federal Rules of Civil Procedure, the defendant seeks to become a third-party plaintiff by filing a third party complaint against a third party not presently party to the lawsuit . Like its federal counterparts, CPLR 1006(a) enables a stakeholder who faces liability as a result of conflicting claims to an asset, but has no interest in that asset, to commence an interpleader action against the competing claimants, and compel them to litigate the matter among themselves. Defendant is without sufficient information to admit or deny the allegations contained in Paragraphs [] of the Complaint and, therefore, deny the same. ; there is no separate law firm or business entity. When a real estate transaction fails to close, there are a multitude of legal issues that arise for the buyer, seller, and real estate broker. In other pleadings, however, it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. Bd. 1 . In the absence of an interpleader action, the stakeholder must either give the asset or property to one of the parties claiming ownership or face a lawsuit for wrongfully giving the asset or property to the other claimant. This is part of Vail Law's Litigation Checklist. - Same decision defense (employer would still have fired employee for lawful reasons even if the actual firing was for a mix of lawful and unlawful reasons) (. R-1, 408 P.2d 970 (Colo. 1965). The most complete list of affirmative defenses available in one place: currently 230 separate affirmative defenses. 4 0 obj What follows is a some free legal information regarding the above titled matter for educational and discussion purposes only. When one person holds property that they do not own and multiple claimants to the property exist, an interpleader action is employed to determine the rightful owner of said property. (See e.g. Formerly a plaintiff had to disavow any claim to the res in order to avail himself of the interpleader remedy, but this requirement has also been relaxed or abolished in most jurisdictions by there being a Bill in the Nature of Interpleader rather than a strict bill of interpleader. SK6F7ETKn ~vC;,pr_\,Wy~m/\%)*5bIx Because of the competing claims to the Policy proceeds, Transamerica refused to distribute the proceeds. 2005) The most important distinction involves the requirements for subject matter jurisdiction. Protecting the Rights of Healthcare Providers in Interpleader Actions. In and for the County of Maricopa, ANSWER BY DEFENDANT [ENTITY] TO COMPLAINT IN INTERPLEADER. As a third, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that they have incurred damages by reason of Plaintiffs conduct and that it has the right of offset of any amount of monies owed to Plaintiff by way of damages. The person holding the funds (escrow agent) to which two or more persons make claims (such as a buyer and seller) files suit asking the court to decide which party has a legal right to the binder. See Royal Bank of Canada v. Weiss, 172 A.D.2d 167 (1st Dept. requires a party to "set forth affirmatively . Defendant denies the allegations contained in Paragraphs [] of the Complaint. In May 2014, Malka Silberman (Malka), the wife of one of the Investors, asserted a claim to the Policy, claiming that she was a successor trustee of the Trust. Freiberger Haber LLP is a national law firm located in Melville Long Island & New York City. It has discretion to allow the interpleader and may deny the relief if the stakeholder is guilty of wrongdoing. [24] The policy must have a value of at least $500 claimed were claimed or may be claimed by adverse claimants; which is less than the amount in controversy of $3,000 in Judicial Code 48(1) then required for general diversity jurisdiction and two or more of the beneficiaries must live in different states. IL (1) By a Plaintiff. See, e.g., Campbel, aka Skywalker, et al. 2003), - failure to take advantage of effective system to report/stop harassment (in Title VII actions, called the Faragher-Ellerth defense) (see Jones v. D.C. Dept. A similar provision was enacted in the County Court Rules, known as Order 33 in the Rules of 1981.[9]. To achieve that, the party holding the asset files . Novation. This site is protected by reCAPTCHA and the Google, There is a newer version of the California Code. The insurance company could interplead the two claimants and simultaneously deny the claims. [3], It originally applied to bailees subject to multiple actions of detinue,[4] and privity was required either between the parties or in detinue, in order for the defendant to be able to sue for garnishment.[5]. Connect with me on LinkedIn. Las Vegas, An interpleader action is an equitable proceeding brought by a third party to have a court determine the ownership rights of multiple claimants to the same asset or property that is held by that third party. Interpleader is a civil procedure device that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. The second stage is like an action at law to determine which of the claimants is entitled to the res. was willing to pay or transfer that subject-matter into court or to dispose of it as the court may direct. P. 8.03). G. Goodnow is licensed in Arizona, Colorado, Illinois, New York and Washington D.C. (inactive) only. AS AND FOR A FIRST AFFIRMATIVE DEFENSE: 21. 6. The 2014 amendments have proved to be problematic, in that they now fail to cover a situation where: In February 2018, several High Court enforcement officers asked the Queen's Bench Division for directions as to how to proceed in such circumstances, and the Master ruled that the repeal of Rule 17 had the effect of reviving the equitable form of interpleader proceedings, as the 2007 Act did not expressly abolish the interpleader action itself, and "interpleader statutes are not at all to limit or affect the equitable jurisdiction of the court to entertain an interpleader suit or action."[21][22]. 454, 465 (S.D.N.Y. Typically, once the stakeholder deposits the res into the court (for example, the face value of the insurance policy), the stakeholder is released from the action and the claimants proceed against each other to determine which of them is legally entitled to the res. xZr ?Ox79{fZ%Vl%Jf&m>I}hi*4}0&_f91"s>nWcOF&0NDh+" J;3EAh"314};;L9?d#na|_ m'@>$lAd^lH@q,l_6V/3zIAh{#SAf8HKay,b0(I?7$>I?~4m JbUk4.8SAqA:-YD31 AHz(cK"w%#2(aar`\? That the Court award $[] of the interpleaded funds to Defendant []. The stakeholder can file an interpleader action to deposit the assets into court to allow the competing claimants to litigate the ownership of the stake, thereby allowing the stakeholder to be discharged from further liabilities. Mr. Smiths attorney enters an interpleader action to determine how the remainder of the funds will be divvied up, as there is not enough to cover all of the outstanding bills. The money or other property in controversy is called the res (a Latin word meaning object or thing). NV Proc., 430.80.) If the court grants the interpleader, the stakeholder is dismissed from the action. Joinder for interpleader is proper even though: (b) Relation to Other Rules and Statutes. and Complaint. See also 4 J. Moore et al., Moores Federal Practice 22.04[1] (3d ed. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Affirmative Defenses. A negative defense is the specific denial of the material fact or facts alleged in the pleading . In an interpleader action, the party initiating the litigation, normally the plaintiff, is termed the stakeholder. As the vast majority of these affirmative defenses will not apply to any given case, ensure you don't just plead this entire laundry list - this list is intended as a brainstorming tool. (c) Defenses to jurisdiction of the subject matter or in abatement or in bar may be pleaded together, without waiving any defense so pleaded, but the court may order defenses to jurisdiction of the subject matter or in abatement to be tried first. 7. 8. Tagged with: Commercial Litigation, Interpleader. A designation of the pleading being submitted. dq4/K&!SNL"Qh*r]h. SPV-LS illustrates that more is needed to hold the stakeholder liable a wrong independent of the interpleader action. ,4~WNv"Qp&n:+7A8{uU[2[7CS'pvlzavGW3}qUCD-y;1#^k_::% 4Km&&-1$!NQK!gFA%r+bK,|TH0;#]ppB,e*8aLm/ 8 Fp"34/lcHU`N# {ekKLG r* CTRju\Q3:s -CO!>"# )*76s J6m&ob$&I^2=[,jwpS}#8EA. List your defenses. 929 was enacted by the 64th United States Congress approved February 22, 1917 to overcome the problem with an interpleader when the claimants live in different states raised in New York Life v. Dunlevy. However, it is error for a trial court to permit a defense over an objection when first presented at trial. ., 523 P.2d 979 (Colo. 1974). 8, 2008) (internal quotation marks and citation omitted); Inovlotska v. Greenpoint Bank, 8 A.D.3d 623 (2d Dept. The file number. The property in question is called the stake or res, and the third party who has custody of the stake is called the stakeholder. Thereafter, the automatic stay in the Bankruptcy Action was lifted, and the Bankruptcy Action was dismissed. SPV-LS LLC v. Citron, 2018 N.Y. Slip Op. SUPERIOR COURT FOR THE STATE OF CALIFORNIA, FOR THE COUNTY OF_____________________ (e.g. Arbitration and award. Have representative in-house counsel or retained attorney attend all hearings. Admitted. The court shall prescribe the time for service of the answer when service of a complaint is made by publication or upon a party in a foreign country. {City}, {State} {ZIP} . Statutory interpleader, by contrast, requires only minimal diversity that is, diversity of citizenship between two or more claimants, without regard to the circumstance that other rival claimants may be co-citizens. State Farm Fire & Cas. QPy!dU]6D:Y_N4E9|SG mG-uwE>D(B3Hu6Fik/*8 85710, 312-757-7777 Healthy City School Dist. Two people come forward claiming to be the beneficiary named in the policy. Phoenix, Nogales, 2017). The statutory rules governing interpleader proceedings were replaced by rules of court that came into force upon the passage of the Supreme Court of Judicature Act 1873 (as amended by the Supreme Court of Judicature Act 1875), which came to be known as Order 17 of the Rules of the Supreme Court. The court must then decide whether the interpleader is proper. {Address} 1096, approved Jan. 20, 1936, drafted by Zechariah Chafee which codified it in as United States Judicial Code 41(26), and established the modern statutory interpleader allowing suit to be brought by any person, firm, corporation, association or society having custody of money or property or insurance policy or instrument valued at $500 or more which there are two or more adverse claimant who are citizens of different states, whether or not the claims have common origins, identical, adverse or independent of each other, and allowed it to be an equitable defense in actions at law, Judicial Code 274b. any known affirmative defense that it has available to it when it files its answer (Ky. R. Civ. Category: Mississippi Collections - Interpleader - Equipment Damage State: Mississippi Control #: MS-60913 Instant Download Buy now Available formats: Word | Rich Text Free Preview Description Related Forms How to Guide R. It is designed to eliminate multiple lawsuits over the same stake and to protect the stakeholder from actual or potential liability. In New York, interpleader is governed by CPLR 1006. NINETEENTH AFFIRMATIVE DEFENSE (Impracticality) 19. Accordingly, while pleadings may be amended to add additional affirmative defenses, it is essential that all defenses to be raised at trial are pleaded before trial (ideally, at least a week prior to the deadline to serve written discovery in a case). A party served with a pleading stating a cross-claim . Admitted. What follows is for discussion purposes only for review and consideration by and for liciensed Calfornia Defense lawyers, and should not be used in any particular matter or case. Interpleader had its origins as a civil procedure at common law, which was later adopted and expanded by the Court of Chancery in its equitable jurisprudence. On January 9, 2012, the court issued an order directing that the sale of the Policy occur by auction on or before February 7, 2012. There are two specific types of interpleader actions in the United States federal courts. Parts of the form which follows has assisted lawyers with cases arising thoughout Claifornia, including Tustin, Irvine, Costa Mesa, Santa Ana, Garden Grove, Lake Forest, Mission Viejo, Los Angeles, San Diego, Tustin, San Bernadino, and Sacramento. AS AND FOR A SECOND AFFIRMATIVE DEFENSE: . A: Here is a sample answer that can help you out. 141 West Jackson Boulevard #4219 There are specific differences between Statutory Interpleader, and Rule Interpleader: In bankruptcy court interpleader under Federal Rules of Civil Procedure 22 may be maintained as an adversary proceeding under Federal Rules of Bankruptcy Procedure 7022. Both serve the same function of joining two or more adverse claimants to a single proceeding in order to promote efficiency and protect the stakeholder from multiple lawsuits. Co. of N.Y. v. Ansel, 273 A.D.2d 421 (2d Dept. is ready to bring into court or pay or depose of the subject matter of the action in such manner as the court directs. Consider each of the below affirmative defenses--does it potentially apply in your case? 89501. American Intern. If a defense is not raised by the pleadings, it may still be tried by the express or implied consent of the parties. The agent will be permitted to recover costs and attorneys fees incurred in initiating an interpleader action. 15. Statutory Interpleader governed by 28U.S.C. Through litigation, Mr. Smith receives a settlement payment, from the other drivers insurance, that is meant to cover pain and suffering, attorney fees, and medical bills. [any] matter constituting an avoidance or affirmative defense." Maxey v. Jefferson County Sch. Prompted by this discussion, Petitioner filed this action against Jeremy Toler, Jennifer Toler and Penn Mutual. WHEREFORE, these answering Defendants prays for judgment as follows: 1. [25][26] When the United States Judicial Code was enacted into United States Code as positive law in 1948, 62Stat. See Noerr-Pennington Doctrine (2009), ABA Section of Antitrust Law, at p.107. [any] matter constituting an avoidance or affirmative defense." Matters outside of these jurisdictions are handled by Fennemore Craig, P.C., lawyers licensed in the relevant jurisdiction or by or with the assistance of attorneys at other associated, co-counsel law firms who are licensed in the relevant jurisdiction. {Telephone:} 12-2022. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE: 27. The Court easily disposed of the tortious interference with contract claim, finding that Transamerica did not breach its contract with SPV by interpleading the Policy proceeds. (Citations omitted.) The first stage determines if the stakeholder is entitled to an interpleader and if he should be discharged from liability. If an insurer files a declaratory action but declines to include the third party claimant, then the declaratory action has left out a person who has a claim or interest that will be affected by the declaration. 1 S Church Ave #1000 Persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead. Mar. 1994); William Penn Life Ins. 1. An interpleader action is a lawsuit that is filed in county or circuit court in the jurisdiction where the escrowed funds are located. [1], Suppose a person dies with a valid life insurance policy in effect. As a thirteenth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that Plaintiff did not reasonably rely upon any alleged misrepresentations or nondisclosures of material facts made by these answering Defendants; therefore, Plaintiff is barred from seeking any affirmative relief against these answering Defendants. 931 approved June 25, 1948, it was reconstituted as 28U.S.C. You're all set! In November 2009, Nacham, as trustee, entered into a Life Insurance Policy Purchase and Sales Agreement (the Sale Agreement) with Plaintiff, Financial Life Services, LLC (FLS), whereby FLS agreed to purchase the Policy from the Trust for $1,350,000. 3. Understanding Usury: Is It an Investment, or Is It a Loan? Interpleader Action is intended to protect the escrow agent holding the funds. An interpleader action originates when the plaintiff holds property on behalf of another, but does not know to whom the property should be transferred. Proc., 431.30 (b).) The Federal Interpleader Act of 1917 39Stat. Product description. 60604, 775-386-6155 As a sixth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants are informed and believe, and on such information and belief, allege that Plaintiff breached his contract, if any, with Defendants and by reason of such breach of contract, these answering Defendants has been excused of any duty it may have had to perform any obligation set forth in any agreement with Plaintiff, if there be such an agreement. To resolve such a dispute, the insurance company can file an interpleader action. Shortly thereafter, Transamerica deposited the proceeds of the Policy into the court pursuant to 28 USC 13325(a)(2). Assumption of risk. R. Civ. DEFENDANTS' ORIGINAL ANSWER AND AFFIRMATIVE DEFENSES PAGE 4 4844-1160-2190/02415-101 17. In Texas, defendants must assert affirmative defenses in their Answer at the beginning of the case or risk not being able to use them later. They Didnt Sign the Contract Do We Still Have a Deal? ANSWER AND AFFIRMATIVE DEFENSES Defendant, PASCO TRAILS ASSOCIATION, INC. (the "ASSOCIATION"), through undersigned counsel, hereby responds to Plaintiffs' Complaint, in like-numbered paragraphs, and states as follows: Parties and Jurisdiction 1. 420 West Mariposa Road, Suite 200 of Corrections, 429 F.3d 276 (D.C. Cir. Results turn on, among other things, the facts and law applicable to each unique case. {LAW FIRM NAME} For costs of suit incurred herein; and. 11. . COMES NOW, Defendants___________________. 1335, and Rule Interpleader established by Federal Rules of Civil Procedure 22. The Federal Interpleader Act of 1917 allowed an insurance company, or fraternal benefit society subject to multiple claims on the same policy to file a suit in equity by a bill of interpleader in United States district courts and providing nationwide service of process. As a fifteenth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that the unverified Complaint, and each and every cause of action therein, is barred by the Doctrine of Integration and the Parole Evidence Rule. Mr. Smith seeks medical attention from various providers for injuries stemming from the accident. The reason said the Court: a stakeholder is allowed to bring an interpleader action, rather than choosing between adverse claimants. Thus, even though Transamerica declined to choose between the adverse claimants (rather than bringing [the] interpleader action), that decision could not itself be a breach of a legal duty. Citations omitted. The Supreme Court of the United States ruled in New York Life v. Dunlevy 241 U.S. 518, that for a claimant to be bound by an interpleader that party must be served process in a way that obtains personal jurisdiction. In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of Remember that real estate agents and brokers are regulated by the Florida Department of Business and Professional Regulation so they must follow some specific procedures in the event of a binder dispute. Interpleader 1369 - Multiparty, Multiform Jurisdiction (mass accident statute) . M. Lamber is licensed in Arizona, Colorado, Illinois and New York only. -- F.R.C.P. The most complete list of affirmative defenses available in one place: currently 230 separate affirmative defenses. Indus. 956 that authorized the interposing of equitable defenses in actions at law. The common law procedure became obsolete over time and fell into disuse, but it remained active in the courts of equity. City of N.Y., the Southern District of New York likewise denied certification of issues pertaining to the city's purported liability for failure to train the New York Police Department, holding that the affirmative defense of probable cause required "such an intensive, individualized inquiry" that "the proposed certification fails to . 1994). . As a fifteenth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that the unverified Complaint, and each and every cause of action therein, is barred by the Doctrine of Integration and the Parole Evidence Rule. Defendants moved to dismiss. Kentucky requires that a party affirmatively state the following affirmative defenses, if applicable, in its answer: Accord and satisfaction. The interpleader states the facts of the case and requests that the . 10. 28 U.S.C. How a lawyer could help your business avoid a major ADA lawsuit, How being proactive about ADA compliance can protect companies. The title of the action. If you have any questions about this, please contact an attorney at LamberGoodnow.com or by calling 602-274-9662. Affirmative Defense - The introduction of evidence into a trial that might cancel out the defendant's legal responsibility for the alleged act. Providing quality ADA Defense, Business & Real Estate Services throughout the United States for over 40 years. Bunker (Switzerland) SA, 2017 A.M.C. Q: How can I answer the complaint in Interpleader? Court Holds That Filing An Interpleader Complaint Is Not An Actionable Wrong, The Anti-Retaliation Provisions Of The False Claims Act, Eligibility Under The IRS Whistleblower Program, The Process of Submitting A Whistleblower Claim, The Whistleblower Must Voluntarily Provide Original Information, The Whistleblowers Information Must Lead To a Successful Enforcement Action, The Confidentiality Protections Under The SEC/CFTC Whistleblower Program, Anti-Retaliation Under The SEC And CFTC Whistleblower Programs. 13388 (CSH), 2008 WL 953619, at *7 (S.D.N.Y. John Smith gets into an automobile accident, and it is determined that it is the other drivers fault. The reason for limiting the grounds for a motion to dismiss is to cause the defendant to file an Answer with Affirmative Defenses instead of a Motion to Dismiss to have the issues joined so that the case can .