BURNETT CORPORATION, A FLORIDA CORPORATION, APPELLANT,
v.
EDWARD M. STRAWGATE AND GERALD M. HIGIER, APPELLEE
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Appellate court reversed dismissal of breach of contract and tortious interference claims, holding that a trial court impermissibly resolved factual disputes at the motion to dismiss stage by finding the landlord had sufficient time to investigate a proposed sublessee.
A trial court may not resolve factual questions or look beyond the complaint's allegations when ruling on a motion to dismiss.
[1] A trial court may not resolve factual disputes or look beyond the four corners of a complaint when ruling on a motion to dismiss.
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Join FLexlaw to unlock all legal intelligenceBurnett Corporation leased retail space under a lease requiring written consent for subleases. Burnett sought approval to sublet to Freight Sales, Inc…
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OTT, Judge.
We reverse the dismissal of appellant’s complaint for breach of contract and tortious interference with a business relationship.
Appellant leased retail space from appel-lees. The written lease provided for a base minimum rent plus a percentage of appellant’s gross sales receipts. The lease also prohibited appellant from assigning or subletting the premises without the written consent of appellees.
Appellant’s complaint alleged, inter alia, that appellant entered into a contract to sublet the premises to Freight Sales, Inc. The sublease was to commence on October 15,1982. Appellant sought written approval of the sublease from appellees. Approval was not provided by October 15, 1982, and Freight Sales, Inc., withdrew from the transaction. Appellees communicated their approval of the sublease on October 25, 1982. The complaint further alleged that appellees breached an obligation of good faith implied in the lease agreement by withholding consent to the sublease.
The trial court dismissed the complaint with prejudice, finding that appellant had not given appellees sufficient time to fully investigate the financial and production capabilities of Freight Sales, Inc. In so doing, the trial court impermissibly looked beyond the four corners of the complaint and resolved a question of fact. See, e.g., East Naples Water Systems, Inc. v. Board of County Commissioners of Collier County, 457 So. 2d 1057 (Fla. 2d DCA 1984).
We REVERSE the trial court’s order dismissing the complaint and REMAND for further proceedings consistent herewith.
RYDER, C.J., and FRANK, J., concur.
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Citator
Cited By
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Magnum Cap., LLC v. Carter & Assocs., LLC, 905 So. 2d 220 (Fla. 1st DCA 2005)…d a cause of action in contract not conclusively negated by the attachments. The trial court erred by concluding to the contrary on Appellee’s motion to dismiss for Appellant’s failure to state a cause of action. See id.; Burnett Corp. v. Strawgate, 475 So. 2d 1006 (Fla. 2d DCA 1985). Accordingly, we AFFIRM in part, REVERSE in part and REMAND for further proceedings on Count Three. BARFIELD, J. concurs; and WEBSTER, J., concurs in part and dissents in part with opinion.…
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State v. Maus, 639 So. 2d 202 (Fla. 4th DCA 1994)…cient to indicate the existence of a cause of action). Additionally, we find that the trial court impermissibly received evidence and went beyond the four corners of the complaint in ruling on the motion to dismiss. See Burnett Corp. v. Strawgate, 475 So. 2d 1006 (Fla. 2d DCA 1985) (in ruling on a motion to dismiss, the trial court may not look beyond the four corners of the complaint). REVERSED AND REMANDED FOR FURTHER PROCEEDINGS. DELL, C.J., and HERSEY and STEVENSON, JJ., concur.…
Authorities Cited
- E. Naples Water Sys., Inc. v. The Bd. OF Cnty. Comm'rs OF Collier Cnty., 457 So. 2d 1057 (Fla. 2d DCA 1984)