LION INTELLIGENCE & SECURITY SERVICES, INC., ET AL.,
v.
QUICKSILVER CAPITAL, LLC,
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.
Lion Intelligence & Security Services and Wancito Francius appeal a trial court order dismissing their complaint with prejudice. The appellate court affirmed the dismissal, holding that the trial court had no obligation to conduct an evidentiary hearing on the motion to dismiss because the complaint itself contained all information necessary for the court's determination.
The trial court had no obligation to conduct an evidentiary hearing on the motion to dismiss. The dismissal was proper where all information necessary for the court's determination was contained in the complaint itself or incorporated into it.
[1] A party may be precluded from filing an answer brief for failing to comply with a court order directing its timely filing.
[2] A trial court is not obligated to conduct an evidentiary hearing on a motion to dismiss when all necessary information is contained within the complaint or incorporated i…
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Join FLexlaw to unlock all legal intelligence“as everything the trial court needed to make its determination as a matter of law was in the complaint or incorporated into it, the trial court correctly dismissed the complaint with prejudice”
Establishes the standard that an evidentiary hearing is not required when the complaint contains sufficient information for the court's determination
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Join FLexlaw to unlock all legal intelligenceLion Intelligence & Security Services, Inc. and Wancito Francius filed a complaint against Quicksilver Capital, LLC. Quicksilver filed a motion to dis…
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GORDO, J.
Lion Intelligence & Security Services, Inc. (“Lion”) and Wancito Francius (“Francius”) appeal the trial court’s order granting Quicksilver Capital, LLC’s (“Quicksilver”) motion to dismiss with prejudice. We have jurisdiction. Fla. R. App. P. 9.030(b)(1)(A).
The sole issue here is whether the trial court had an obligation to conduct an evidentiary hearing on Quicksilver’s motion to dismiss. Finding no error in the dismissal, we affirm. See Skupin v. Hemisphere Media Grp., Inc., 314 So. 3d 353, 357 (Fla. 3d DCA 2020) (“[A]s everything the trial court needed to make its determination as a matter of law was in the complaint or incorporated into it, the trial court correctly dismissed the complaint with prejudice.”); Fla. Dep’t of Transp. v. Juliano, 801 So. 2d 101, 105 (Fla. 2001) (“[R]es judicata bars relitigation in a subsequent cause of action not only of claims raised, but also claims that could have been raised.”); Nieves v. Viera, 150 So. 3d 1236, 1238 (Fla. 3d DCA 2014) (“[T]here is no automatic requirement that there be an evidentiary hearing on pre-suit motions to dismiss. Some cases are quite clear an evidentiary hearing is not necessary.”); Griffin v. City of Sweetwater Police Dep’t, 319 So. 3d 89, 92 (Fla. 3d DCA 2021) (“Notwithstanding the number of amendments, the court would be within its rights to limit amendment based on futility if it were apparent on the face of the pleadings that no combination of facts and legal standards would allow recovery.”)
Affirmed.
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The Fla. Int'l Univ. Bd. of Trs. v. Signal Safe, Inc., 382 So. 3d 766 (Fla. 3d DCA 2024)…be “performed by [FIU] to the satisfaction of [FDOT].” As attachments to the complaint are controlling in the face of contradictory conclusory allegations, we find no error in the dismissal of this count. See Skupin v. Hemisphere Media Grp., Inc., 314 So. 3d 353, 356 (Fla. 3d DCA 2020); see also Ginsberg v. Lennar Fla. Holdings, Inc., 645 So. 2d 490, 494 (Fla. 3d DCA 1994) (“[W]here the allegations of the complaint are contradicted by the [attachments], the plain meaning of the [attachments] will control.”…
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Lion Intelligence & Sec. Servs., Inc. v. Quicksilver Cap., LLC (Fla. 3d DCA 2023)…App. P. 9.030(b)(1)(A). The sole issue here is whether the trial court had an obligation to conduct an evidentiary hearing on Quicksilver’s motion to dismiss. Finding no error in the dismissal, we affirm. See Skupin v. Hemisphere Media Grp., Inc., 314 So. 3d 353, 357 (Fla. 3d DCA 2020) (“[A]s everything the trial court needed to make its determination as a matter of law was in the complaint or incorporated into it, the trial court correctly dismissed the complaint with prejudice.”); Fla. Dep’t of Transp. v.…
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Milian v. AT&T Mobility LLC (Fla. 3d DCA 2024)…nt as an exhibit to its motions. After a hearing, the trial court granted AT&T's motions to dismiss each complaint with prejudice. “A trial court's ruling on a motion to dismiss is subject to de novo review.” Skupin v. Hemisphere Media Grp., Inc., 314 So. 3d 353, 355 (Fla. 3d DCA 2020) (quoting Kopel v. Kopel, 229 So. 3d 812, 815 (Fla. 2017)). “When ruling on a motion to dismiss, the Court ‘must limit itself to the four 1 “Data throttling” is described as the imposition of speed restrictions on a user’s i…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fla. Dep't OF Transp. v. Juliano, 801 So. 2d 101 (Fla. 2001)
- Ramiro Nieves, M.D. v. Viera, 150 So. 3d 1236 (Fla. 3d DCA 2014)
- Alvaro H. Skupin, M.D. v. Hemisphere Media Grp., Inc., 314 So. 3d 353 (Fla. 3d DCA 2020)
- Griffin v. City of Sweetwater Police Dep't, 319 So. 3d 89 (Fla. 3d DCA 2021)