VINCENT CILIBERTI, APPELLANT,
v.
CONCHITA CILIBERTI AND DADE SAVINGS & LOAN ASSOCIATION, APPELLEES
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BASKIN, Judge.
Appellant husband filed a post-dissolution complaint in which he alleged that his former wife had fraudulently converted money market certificates. The wife sought and obtained dismissal of the complaint by asserting, in a motion to dismiss, affirmative defenses of estoppel, fraud, release, res ju-dicata, and waiver. We reverse upon our holding that the husband’s claim was based upon conduct of which he had no knowledge at the time he executed the general release approved by the court in the dissolution proceeding. The release could not include a claim which had not matured at the time of its execution. Sottiie v. Gaines Construction Co., 281 So. 2d 558 (Fla. 3d DCA 1973), cert. denied, 289 So. 2d 737 (Fla.1974). In addition, the court erred in considering as the basis for dismissal affirmative defenses which did not appear on the face of the pleadings. Pizzi v. Central Bank & Trust Co., 250 So. 2d 895 (Fla.1971); Stern v. First National Bank of South Miami, 275 So. 2d 58 (Fla. 3d DCA 1973); Fla.R.Civ.P. 1.110.
Reversed and remanded for further proceedings.
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David Kenet, M.D. v. Bailey, 679 So. 2d 348 (Fla. 3d DCA 1996)…1991, after the disbursement, released Bailey and the law firm from the conversion is erroneous. At that time Kenet was unaware that the distribution had taken place, thus the release was ineffective as to the conversion. See Ciliberti v. Ciliberti, 416 So. 2d 48 (Fla. 3d DCA 1982).…
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Dennis v. Serge Daldossi, 418 So. 2d 313 (Fla. 3d DCA 1982)…urt’s prior judgment, then since neither the complaint nor exhibits attached thereto show on their face that the action is barred, dismiss [*314] al is improper. Pizzi v. Central Bank and Trust Co., 250 So. 2d 895 (Fla.1971); Ciliberti v. Ciliberti, 416 So. 2d 48 (Fla. 3d DCA 1982). Reversed and remanded for further proceedings.…
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Caparroz v. Tecnica Y Motores, 511 So. 2d 648 (Fla. 3d DCA 1987)…Gruder, 433 So. 2d 23 (Fla. 4th DCA), pet. for review denied, 438 So. 2d 832 (Fla.1983); Ladner v. Plaza Del Prado Condominium Ass’n, 423 So. 2d 927, 929 (Fla. 3d DCA 1982), pet. for review denied, 434 So. 2d 887 (Fla.1983); Ciliberti v. Ciliberti, 416 So. 2d 48 (Fla. 3d DCA 1982) (a complaint for fraudulent conversion was not barred where claim was based on conduct of which plaintiff had no knowledge at time release was executed); Zuckerman v. Professional Writers of Fla., Inc., 398 So. 2d 870 (Fla. 4th DC…
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- Pizzi v. Cent. Bank & Tr. Co., 250 So. 2d 895 (Fla. 1971)
- Sottile v. Gaines Constr. Co., 281 So. 2d 558 (Fla. 3d DCA 1973)
- Gustav A. Stern v. First Nat'l Bank OF S. Miami, 275 So. 2d 58 (Fla. 3d DCA 1973)
- Gaines Constr. Co. v. Sottile, 289 So. 2d 737 (Fla. 1974)