LUIS A. NOBOA, APPELLANT,

v.

ANA CECILIA ALVARADO DE NOBOA, APPELLEE

Citator

Cited By (11 total)

• Gandy v. Trans World Computer Tech. Grp. & Brian Metz, 787 So. 2d 116 (Fla. 2d DCA 2001)
  …trial court is confined to the four corners of the complaint, and the material allegations of the complaint must be taken as true. Davis ex rel. Davis v. Bell, 705 So. 2d 108 (Fla. 2d DCA 1998); Davidson v. Ionar-McGregor Fire Prot. & Rescue Dist., 674 So. 2d 858 (Fla. 2d DCA 1996). A complaint should not be dismissed for failure to state a cause of action unless it appears beyond doubt that the plaintiff could prove no set of facts that would entitle him to relief. Midflorida Sch. Fed. Credit Union v. Fansl…
• Magnum Cap., LLC v. Carter & Assocs., LLC, 905 So. 2d 220 (Fla. 1st DCA 2005)
  …e Second Amended Complaint, state a cause of action in contract that is not conclusively negated by such attachments. To the contrary, such attachments support Appellant’s contract claim. See Davidson v. Iona-McGregor Fire Protection & Rescue Dist., 674 So. 2d 858, 860 (Fla. 2d DCA 1996). Even a cursory review of such letters reveals provisions that support Appellant’s claim for breach of contract. For example, the April 28, 2003, letter from Appellees’ representative to Appellant’s President states, in perti…
• Belcher Ctr. LLC v. Belcher Ctr., Inc., 883 So. 2d 338 (Fla. 2d DCA 2004)
  …On a motion to dismiss for failure to state a cause of action, a trial court is confined to the four corners of the complaint, and the material allegations of the complaint must be taken as true. Davidson v. Iona-McGregor Fire Prot. & Rescue Dist., 674 So. 2d 858, 859 (Fla. 2d DCA 1996). If the court is required to consider matters outside of the four corners of the complaint, then the cause is not subject to dismissal on the basis of an affirmative defense. Value Rent-A-Car, Inc. v. Grace, 794 So. 2d 619, 6…

Authorities Cited

• Celisseule Nicolas v. Nicolas, 444 So. 2d 1118 (Fla. 3d DCA 1984)