R.S. JOHNSON AND MARGIE MAE JOHNSON, HIS WIFE, APPELLANTS,

v.

CLARENCE MCWHITE AND RUTHIE LEE MCWHITE, HIS WIFE, APPELLEES

Citator

Cited By

• Gen. Cinema Beverages OF Miami, Inc. v. Mortimer, 689 So. 2d 276 (Fla. 3d DCA 1995)
  …affirmative defense and ordinarily is not properly raised by a motion to dismiss the complaint. However, an affirmative defense appearing on the face of the complaint may be raised by a motion to dismiss the complaint. Moucha v. Burger King Corp., 450 So. 2d 335, 336 (Fla. 5th DCA 1984) (citations omitted); see also Eiler v. Camp Dresser & McKee, Inc., 542 So. 2d 441, 442 (Fla. 5th DCA 1989).3 In the unusual circumstances of the present case, the legal issue raised by the employer clearly appears on the fa…
• Eiler v. Camp Dresser & McKee, Inc., 542 So. 2d 441 (Fla. 5th DCA 1989)
  …on 440.11 of the Workers’ Compensation Act is an affirmative defense which cannot be raised by a motion to dismiss unless the allegations of a prior pleading in the case demonstrate the existence of such a defense. Moncha v. Burger King Corporation, 450 So. 2d 335 (Fla. 5th DCA 1984). See also Walker v. ITD Industries, Inc., 437 So. 2d 230 (Fla. 2d DCA 1983). Here, Eiler’s complaint alleges a cause of action against appellees in negligence. The complaint does not contain any allegations concerning the Worke…
• Wilfranc Eugene and Marie L. Eugene v. Prestcon, Inc., 528 So. 2d 1218 (Fla. 4th DCA 1988)
  …granting the dismissal. Walker v. I.T.D. Industries, Inc., 437 So. 2d 230 (Fla. 2d DCA 1983); Wenner v. Foster, 336 So. 2d 1248 (Fla. 4th DCA 1976); Chaires v. North Florida Nat. Bank, 432 So. 2d 183 (Fla. 1st DCA 1983); Moncha v. Burger King Corp., 450 So. 2d 335 (Fla. 5th DCA 1984); East Naples Water Systems, Inc. v. Board of County Commissioners of Collier County, 457 So. 2d 1057 (Fla. 2d DCA 1984); Humber v. Ross, 452 So. 2d 1086 (Fla. 4th DCA 1984). Accordingly, the order appealed is reversed and the c…

Authorities Cited

• Seddon v. Harpster, 403 So. 2d 409 (Fla. 1981)