MARGLLI GALLEGO,
v.
WELLS FARGO BANK, N.A., ETC.,
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Marglli Gallego appealed a lower court decision against Wells Fargo Bank, which the Third District Court of Appeal treated as a petition for writ of certiorari and denied. The opinion addresses standards for reviewing motions to dismiss, particularly regarding subject matter jurisdiction challenges.
The petition for writ of certiorari is denied.
[1] A trial court considering a motion to dismiss is generally limited to the allegations within the four corners of the complaint and its attachments.
[2] A trial court may consider evidence outside the four corners of a complaint when the motion to dismiss challenges subject matter jurisdiction.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“As a general rule, when considering a motion to dismiss, a trial court is limited to the allegations within the four corners of the complaint and any attachments. However, there are several exceptions to this general rule.”
Establishes the baseline standard for motion to dismiss review but acknowledges important exceptions
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe opinion does not provide specific facts about the underlying dispute between Gallego and Wells Fargo Bank. The case involves a motion to dismiss t…
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PER CURIAM.
We treat Marglli Gallego’s appeal as a petition for writ of certiorari, see Fla. R. App. P. 9.040(c); Diamond v. Elvis Towing, Inc., 268 So. 3d 249 (Fla. 2d DCA 2019) (Fla. 2d DCA 2019), and deny the petition. See Steiner Transocean Ltd. v. Efremova, 109 So. 3d 871, 873 (Fla. 3d DCA 2013) (holding: “As a general rule, when considering a motion to dismiss, a trial court is limited to the allegations within the four corners of the complaint and any attachments.
However, there are several exceptions to this general rule. For example, a court is permitted to consider evidence outside the four corners of the complaint where the motion to dismiss challenges subject matter jurisdiction . . .”) (footnotes omitted); Seminole Tribe of Fla. v. McCor, 903 So. 2d 353, 357 (Fla. 2d DCA 2005) (holding: “In considering a motion to dismiss challenging subject matter jurisdiction, a trial court may properly go beyond the four corners of the complaint . . . .”); see also Davis v. Bay Cty. Jail, 155 So. 3d 1173, 1177 (Fla. 1st DCA 2014) (Makar, J., concurring in part and dissenting in part) (noting: “If legal conclusions are alleged [in a complaint], they are not deemed true for purposes of a motion to dismiss”) (citing Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Papasan v. Allain, 478 U.S. 265, 286 (1986); and Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)); W.R. Townsend Contracting, Inc. v. Jensen Civil Constr., Inc., 728 So. 2d 297, 300 (noting that a trial court “must liberally construe, and accept as true, factual allegations in complaint and reasonably deductible inferences therefrom, but need not accept internally inconsistent factual
claims, conclusory allegations, unwarranted deductions, or mere legal conclusions made by a party”) (citing Response Oncology, Inc. v. Metrahealth Ins. Co., 978 F. Supp. 1052, 1058 (S.D. Fla. 1997)).
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Citator
Authorities Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009)
- Papasan v. Allain, 478 U.S. 265 (U.S. 1986)
- W.R. Townsend Contracting, Inc. v. Jensen Civil Constr., Inc., 728 So. 2d 297 (Fla. 1st DCA 1999)
- Seminole Tribe OF Florida v. McCOR, 903 So. 2d 353 (Fla. 2d DCA 2005)
- Steiner Transocean Ltd. v. Milena Efremova, 109 So. 3d 871 (Fla. 3d DCA 2013)
- Davis v. BAY Cnty. Jail, 155 So. 3d 1173 (Fla. 1st DCA 2014)
- Diamond v. Elvis Towing, Inc., 268 So. 3d 249 (Fla. 2d DCA 2019)