DONNA STUCCHIO, APPELLANT,
v.
LESLIE R. HUFFSTETLER, JR., APPELLEE

Fla. 5th DCA | 1997-04-04
No. 96-2655
DAUKSCH and W. SHARP, JJ., concur.
690 So. 2d 753 Florida District Court of Appeal, Fifth District (1997) Positive Treatment
Cited by 3 cases
Opinion of the Court
GOSHORN, Judge.

GOSHORN, Judge.

Donna Stuechio appeals the order dismissing Counts I and III of her third amended complaint with prejudice. She contends, correctly, that the court impermissibly considered matters outside the four corners of the complaint in deciding the motion to dismiss. See Cazares v. Church of Scientolo gy of California, Inc., 444 So. 2d 442 (Fla. 5th DCA 1983). Further, defenses to the action may not be considered in deciding a motion to dismiss. Pizzi v. Central Bank & Trust Co., 250 So. 2d 895 (Fla.1971). Thus, while the ruling may ultimately prove correct, it was error to decide the merits of the case on a dismissal motion.

REVERSED and REMANDED for further proceedings.

DAUKSCH and W. SHARP, JJ., concur.

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Cited By

  • Stucchio v. Huffstetler, 720 So. 2d 288 (Fla. 5th DCA 1998)
    …n appeal in its opinion dated April 4, 1997. We held that the court improperly considered matters outside the complaint in granting the dismissal. Inherent in this decision is that the complaint stated a cause of action. See Stucchio v. Huffstetler, 690 So. 2d 753 (Fla. 5th DCA 1997). Promptly on remand, Huffstetler moved for summary judgment on Counts I and III of the complaint. There is no answer to the third amended complaint by Huffstetler. The motion, which was not verified, asserted that Huffstetler was…
  • Nutriband, Inc. v. Advanced Health Brands, Inc. (Fla. 5th DCA 2020)

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