Opinion
Case No. 2:04-cv-356-FtM-33DNF.
April 28, 2006
ORDER
This matter comes before the Court on the following motions: Defendants Christopher Kim Jack's and Alternative Home Financing, Inc.'s Motion to Dismiss Third Amended Complaint (Doc. # 130), filed on December 13, 2005; Defendant Mark Wallen's Motion to Dismiss Third Amended Complaint (Doc. # 132), filed on December 13, 2005; and Defendant Keryn Kulbacki's Motion to Dismiss Third Amended Complaint (Doc. # 138), filed on December 29, 2005.
Each of the foregoing motions argues that Plaintiffs' Third Amended Complaint should be dismissed because of the misjoinder of several different plaintiffs and different causes of action. The motions make no other argument for dismissal of the Complaint. Each of these motions must be denied, because the law is clear that "[m]isjoinder of parties is not ground for dismissal of an action." Fed.R.Civ.P. 21; see also Meyercheck v. Givens, 180 F.2d 221, 223 (7th Cir. 1950) (misjoinder not grounds for dismissal); Harrell v. Hess Oil Chem. Co., 287 So. 2d 291, 294 (Fla. 1973) (same); Alanco v. Bystrom, 544 So. 2d 217, 218 (Fla. 3d DCA 1989) (same);Anderson v. Brown, 524 So. 2d 457, 457 (Fla. 3d DCA 1988) (same). Thus, the instant motions are due to be denied. Accordingly, it is now
ORDERED, ADJUDGED, and DECREED:
(1) Defendants Christopher Kim Jack's and Alternative Home Financing, Inc.'s Motion to Dismiss Third Amended Complaint (Doc. # 130) is DENIED;
(2) Defendant Mark Wallen's Motion to Dismiss Third Amended Complaint (Doc. # 132) is DENIED; and
(3) Defendant Keryn Kulbacki's Motion to Dismiss Third Amended Complaint (Doc. # 138) is DENIED.
DONE and ORDERED.