HERNANDO COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA
v.
MCGEE & MASON, PA, AND JOSEPH MASON, ESQUIRE
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.
The trial court correctly denied the motion to dismiss because the county improperly relied on matters outside the four corners of the complaint.
[1] A motion to dismiss must be decided based on the allegations within the four corners of the complaint and its attachments.
[2] A trial court errs by considering matters outside the complaint and its attachments when ruling on a motion to dismiss.
Previewing 2 of 3 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“In its motion to dismiss, Hernando County relies on matters not found within the four corners of the complaint or attachments thereto. The trial court correctly determined that was beyond the scope of what it could properly consider when ruling on a motion to dismiss.”
Court's explanation of why the motion to dismiss was properly denied
Appellees sought payment for attorney's fees for services allegedly performed for a dissolved city. The county moved to dismiss, asserting sovereign i…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Action For Attorney'S Fees cases and more on FLexlaw
FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA
Case No. 5D2025-0708 LT Case No. 27-2024-CA-540
HERNANDO COUNTY, a political subdivision of the STATE OF FLORIDA,
Appellant,
V.
MCGEE & MASON, P.A., AND JOSEPH MASON, ESQUIRE,
Appellees.
Nonfinal appeal from the Circuit Court for Hernando County. Don Collins Barbee, Jr., Judge.
Melissa A. Tartaglia and Jon A. Jouben, of Hernando County Attorney's Office, Brooksville, for Appellant.
Robert Bruce Snow, of Robert Bruce Snow, P.A., Brooksville, for Appellees.
March 27, 2026
EDWARDS, J.
Hernando County, a political subdivision of the state of Florida, appeals the trial court's non-final order denying its motion to dismiss the multi-count complaint of McGee & Mason, P.A. and
Joseph Mason, Esquire (“Appellees”), in which Appellees sought payment of outstanding attorney's fees for services they allegedly performed for and billed to the City of Weeki Wachee before that city was legally dissolved. Hernando County moved to dismiss claiming, inter alia, that sovereign immunity barred the Appellees' claims. We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(F)(iii). In its motion to dismiss, Hernando County relies on matters not found within the four corners of the complaint or attachments thereto. The trial court correctly determined that was beyond the scope of what it could properly consider when ruling on a motion to dismiss. See Enlow v. E.C. Scott Wright, P.A., 274 So. 3d 1192, 1193 (Fla. 5th DCA 2019) (citing Busch v. Lennar Homes, LLC, 219 So. 3d 93, 94 (Fla. 5th DCA 2017) (additional citation omitted)). Therefore, we affirm and remand for further proceedings.
AFFIRMED and REMANDED.
MAKAR and EISNAUGLE, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Busch v. Lennar Homes, LLC, 219 So. 3d 93 (Fla. 5th DCA 2017)
- Enlow v. E.C. Scott Wright, P.A., 274 So. 3d 1192 (Fla. 5th DCA 2019)