BAYCON INDUSTRIES, INC. APPELLANT,
v.
J. MICHAEL SHEA, INDIVIDUALLY, AND SHEA & ASSOCIATES, P.A., APPELLEES
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The court held that a trial court cannot treat a motion to dismiss as a motion for summary judgment without proper notice and opportunity for the parties to be heard.
Baycon Industries filed a legal malpractice complaint against Shea. Shea filed an unsworn motion to dismiss, attaching documents from a prior bankrupt…
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GREEN, Judge.
Appellant, Baycon Industries, Inc., timely presents two issues, one of which requires reversal and remand.
Baycon Industries, Inc., filed an un-sworn professional legal malpractice complaint against J. Michael Shea, and Shea & Associates, P.A., in response to which Shea filed an unsworn motion to dismiss contesting Baycon’s standing to bring the suit. The motion to dismiss had attached to it several documents relating to an earlier bankruptcy proceeding involving Baycon as the debtor and a sale or discharge of the underlying claim by Baycon for which Shea is being brought to task.
The trial court treated these pleadings in the fashion of a summary judgment proceeding, thereby depriving both parties of traditional procedural opportunities provided by Florida Rule of Civil Procedure 1.510. The court dismissed the complaint, based upon documents attached to the motion to dismiss.
We are unable to conclude whether the error is harmless and therefore remand for further proceedings. A motion to dismiss is not a substitute for a motion for summary judgment, arid in ruling on a motion to dismiss a complaint the trial court is confined to consideration of the allegations found within the four corners of the complaint. See Thompson v. Martin, 530 So. 2d 495 (Fla. 2d DCA 1988).
Reversed and remanded.
ALTENBERND, A.C.J., and QUINCE, J., concur.
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Marzuk Al-Hakim v. Bennie R. Holder, 787 So. 2d 939 (Fla. 2d DCA 2001)…on the merits; however, the procedures which were applied were faulty. A motion to dismiss is not a substitute for a motion for summary judgment. Roberts v. Children’s Med. Serv., 751 So. 2d 672, 673 (Fla. 2d DCA 2000); Baycon Indus., Inc. v. Shea, 714 So. 2d 1094, 1095 (Fla. 2d DCA 1998). Furthermore, a motion to dismiss does not permit the trial court to consider extrinsic evidence as to who had superior possessory rights to the property in question. Holland v. Anheuser Busch, Inc., 648 So. 2d 621, 623 (Fla…
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Gualtieri v. Bogle, 343 So. 3d 1267 (Fla. 2d DCA 2022)…e that incorporate attachments, and to look no further than the amended complaint and its attachments.' " Univ. of S. Fla. Bd. of Trs. v. Moore, No. 2D21-2685, 2022 WL 1751166, at *1 (Fla. 2d DCA June 1, 2022); see also Baycon Indus., Inc. v. Shea, 714 So. 2d 1094, 1095 (Fla. 2d DCA 1998) ("A motion to dismiss is not a substitute for a motion for summary judgment, and in ruling on a motion to dismiss a complaint the trial court is confined to consideration of the allegations found within the four corners of t…
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Hewett-Kier Constr., Inc. v. Lemuel Ramos & Assocs., Inc., 775 So. 2d 373 (Fla. 4th DCA 2000)…otion to dismiss, explicitly relied upon the design contract which was only attached to the motion to dismiss. Because the trial court improperly went beyond the four corners of the [*376] complaint, we must reverse. See Baycon Indus., Inc. v. Shea, 714 So. 2d 1094, 1095 (Fla. 2d DCA 1998)(reversing the dismissal of appellant’s complaint where the trial court improperly went outside the four corners of the complaint by considering documents attached to the motion to dismiss). REVERSED. STEVENSON and TAYLOR,…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- R.F. Thompson v. P.W. Martin, 530 So. 2d 495 (Fla. 2d DCA 1988)
- Dearmas v. State, 530 So. 2d 495 (Fla. 2d DCA 1988)