ACCO, INC., AND TRAVELERS INSURANCE COMPANY, APPELLANTS,

v.

RONALD E. KOZAK, APPELLEE

Citator

Cited By

• Symons Corp. v. Tartan-Lavers Delray Beach, Inc., 456 So. 2d 1254 (Fla. 4th DCA 1984)
  …commencement, which is reasonably relied upon by a materialman acting in good faith, could serve as a basis for estoppel. Estoppel, however, "is an affirmative defense which must be pleaded and proved before relief can be granted.” Goodman v. Habij, 424 So. 2d 171, 172 (Fla. 3d DCA 1983). And as indicated, Symons did not attempt to travel upon this route. . Under the present statutory scheme, the only time at which a lienor can be paid, without first timely serving a notice to owner, is when the materialman…
• Devil LeGRANDE and Eliamise LeGrande v. Emmanuel, 889 So. 2d 991 (Fla. 3d DCA 2004)
  …51 So. 2d 1109, 1110 (Fla. 4th DCA 1977). That is [*996] because on a motion to dismiss, the trial court’s function is to determine whether the allegations contained in the four corners of the complaint state a cause of action. See Goodman v. Habif, 424 So. 2d 171, 172 (Fla. 3d DCA 1983). Unless affirmative defenses appear on the face of the complaint, they may not be considered on a motion to dismiss. Id. As the supreme court has instructed: [T]he plaintiff should not have the burden of anticipating a defe…
• Bill Branch Chevrolet, Inc. v. Philip L. Burnett, P.A., 555 So. 2d 455 (Fla. 2d DCA 1990)
  …s legal malpractice action. The general rule is that where an affirmative defense appears on the face of the complaint, it may be considered by the trial court on a motion to dismiss. Hawkins v. Williams, 200 So. 2d 800 (Fla.1967); Goodman v. Habif, 424 So. 2d 171 (Fla. 3d DCA 1983); Vaswani v. [*456] Ganobsek, 402 So. 2d 1350 (Fla. 4th DCA 1981); Margerum v. Ross Builders, Inc., 427 So. 2d 261 (Fla. 5th DCA 1983). As the settlement was alleged in the complaint, it was the proper subject of an affirmative def…

Authorities Cited

• Green v. Sansom, 41 Fla. 94 (Fla. 1899)
• W. W. GAY Mech. Contractors, Inc. v. Gale, 284 So. 2d 455 (Fla. 1st DCA 1973)