MOTION TO DISMISS - PLTS COMPLAINT PURSUANT TO FLORIDA RULES OF CIVIL PROCEDURE 1/140(B)(1) AND 1.140(B)(6) AND INCORPORATED MEMORANDUM OF LAW F/B DFT

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                          Filing # 121033910 E-Filed 02/08/2021 10:35:47 PM

IN THE CIRCUIT COURT OF THE 15TH
T

BEACH COUNTY, FLORIDA

FRANCIS ALOYISUS MCMAHON, CASE NO: 2020-CA-010915-XXXX- MB
Plaintiff,

vs.

BMW of NORTH AMERICA, LLC.,
Defendant.

/

DEFENDANT’S MOTION TO DISMISS PLAINTIFF’. MPLAINT P’ ANT T'
FLORIDA RULES OF CIVIL PROCEDURE 1.140(b)(1) AND 1.140(b)(6) AND
INCORPORATED MEMORANDUM OF LA’

Defendant, BMW of North America, LLC., (“BMW NA”), by and through the undersigned.
counsel and pursuant to Rules 1.140(b)(1) and 1.140(b)(6), Hlorida Rules of Civil Procedure,
hereby files this Motion to Dismiss Plaintiff's Complaint and in support thereof, states the
following:

1. On or about October 7, 2020, Plaintiff filed this lawsuit alleging two causes of
action in connection with his lease of a new 2017 BMW 530i, Vehicle Identification Number
WBAJA5C51JG898149, from Vista Motors of North Broward on or about October 21,2017. See
Complaint filed under separate cover as Exhibit “A” in support of the i…