REBECA VARGAS FUENMAYOR
v.
RUTH VARGAS FUENMAYOR, ET AL.

Fla. 3d DCA | 2026-02-18
No. 2024-1996
2026 FL 1700 Florida District Court of Appeal, Third District (2026)

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Holding

On motion for summary judgment, the trial court may consider only matters raised in the pleadings.


Key Quotes

“On motion for summary judgment, the trial court may consider only matters raised in the pleadings.”

Court's statement of applicable law from 951 Harbor Drive, LLC v. SD Constr., LLC

Facts & Procedural History

This case involves a dispute between Rebeca Vargas Fuenmayor and Ruth Vargas Fuenmayor and other parties. The trial court rendered a decision that was…

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Opinion of the Court

PER CURIAM.

Affirmed. See 951 Harbor Drive, LLC v. SD Constr., LLC, 394 So. 3d 690, 695 (Fla. 3d DCA 2024) (“On motion for summary judgment, the trial court may consider only matters raised in the pleadings.” (citing Wilson v. Stone, 172 So. 3d 559, 560 (Fla. 3d DCA 2015))); see also Fla. R. Civ. P. 1.110(b)(2) (“A pleading which sets forth a claim for relief, whether an original claim, counterclaim, crossclaim, or third-party claim, must state a cause of action and must contain a short and plain statement of the ultimate facts showing that the pleader is entitled to relief . . . .”).


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