CYNTHIA JORDAN, A.T. MATTOX, BARBARA STEVENS, DARLENE BROWN, LYNN RUSH, RON WILLIAMS, DAMON JOHNSON, ROSA LEE, SHIRLEY DAVIS, ANTOINETTE SEMPER, DONNA LARRY, LOVELLA HALL, LEROY TULLIS, LENETTE LEWIS, EUGENE LAMB, ELESTER TAYLOR, JAMES CECIL, CASSANDRA O'NEIL, MAJOR BROWN, ANDREA CORINTHIAN, JERALDINE BROWN, JACOB MCCONNELL, EUGENE DAMES, VALENCIA MILLER, JIMMIE WILLIAMS, LAURA STUBBS, DALIO CARDENAS, ESPERANZA ALONZO, IDA GADSON, MARY TOLES, RONALD MIDDLETON, LILLIE LARRY, CARLTON HOWARD, ERNESTINE LARRY, JOAN RUTHERFORD, SANDRA THOMPSON, CECIL CLARK, APPELLANTS,
v.
GEORGE GRILEY, APPELLEE
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A motion to dismiss must be confined to the four corners of the complaint and cannot consider outside factual matters.
Appellants sued, and appellee moved to dismiss based on facts outside the second amended complaint. The trial court granted the motion to dismiss.…
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PER CURIAM.
This is an appeal from a final order dismissing appellee George Griley as a party defendant in appellants’ lawsuit. Gilley’s motion to dismiss was based on factual matters which were outside the second amended complaint. As stated in Lewis v. Barnett Bank, 604 So. 2d 937 (Fla. 3d DCA 1992):
The law is well settled that a motion to dismiss a complaint is not a motion for summary judgment in which the court may rely on facts adduced in depositions, affidavits, or other proofs. On a motion to dismiss, the trial court is necessarily confined to the well-pled facts alleged in the four comers of the complaint and contrary to the defendant’s argument, is not authorized to consider any other facts, including, as here, the sufficiency of the evidence which the plaintiff will likely produce at trial or other claimed facts asserted by defense counsel relating to unpled affirmative defenses, even if argued by counsel for the parties on the motion to dismiss.
Id. at 938. While the order under review must be reversed, this ruling is without prejudice to Griley to file an appropriate motion for summary judgment. We base our ruling entirely on procedural grounds and express no opinion on the merits of the parties’ respective positions.
Reversed and remanded.
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DOE v. Evans, 814 So. 2d 370 (Fla. 2002)…n of the claim). . See Lewis v. Barnett Bank, 604 So. 2d 937 (Fla. 3d DCA 1992) ("On a motion to dismiss, the trial court is necessarily confined to the well-pled facts alleged in the four corners of the complaint.... ”); see also Jordan v. Griley, 667 So. 2d 493 (Fla. 3d DCA 1996). . Federal courts: Dausch v. Rykse, 52 F. 3d 1425, 1429 (7th Cir.1994) (holding that First Amendment barred parishioner’s negligent hiring and supervision and breach of fiduciary duty claims against pastor and church for sexual c…
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Halsey Minor & Save Hialeah Racing, Inc. v. Brunetti, 43 So. 3d 178 (Fla. 3d DCA 2010)…e Fla. Bar v. Greene, 926 So. 2d 1195, 1199 (Fla.2006). See also Chodorow v. Porto Vita, Ltd., 954 So. 2d 1240, 1242 (Fla. 3d DCA 2007). The trial court may not rely on facts offered in depositions, affidavits, or other proofs. See Jordan v. Griley, 667 So. 2d 493 (Fla. 3d DCA 1996); Lewis v. Barnett Bank of S. Fla. N.A., 604 So. 2d 937 (Fla. 3d DCA 1992). Rather, the trial court is confined to the facts alleged within the four corners of the complaint. See Chodorow, 954 So. 2d at 1242. All such allegations m…
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Mancher v. Seminole Tribe OF Fla., Inc., 708 So. 2d 327 (Fla. 4th DCA 1998)…not have subject matter jurisdiction over the Seminole Tribe, Inc. A motion to dismiss a complaint is not a motion for summary judgment in which the court may rely on facts adduced in depositions, affidavits, or other proofs. See Jordan v. Griley, 667 So. 2d 493 (Fla. 3d DCA 1996). A motion to dismiss based on lack of subject matter jurisdiction may properly go beyond the four corners of the complaint when it raises solely a question of law. See Houghtaling v. Seminole Tribe of Fla., 611 So. 2d 1235 (Fla.19…
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- Lewis v. Barnett Bank OF S. Fla., N.A., 604 So. 2d 937 (Fla. 3d DCA 1992)