A.V.B., A CHILD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Barbado v. Green & Murphy, P.A., 758 So. 2d 1173 (Fla. 4th DCA 2000)
  …ourt to consider whether the incident, as alleged, involved potential medical malpractice or simple negligence instead of merely [*1175] whether the amended complaint stated a cause of action for medical malpractice); Cowder v. Hillsborough, County, 715 So. 2d 954 (Fla. 2d DCA 1998)(holding that it was reversible error for trial court, on defense motion, to dismiss complaint, based upon factual finding). Instead, on a motion to dismiss, all material allegations are accepted as true; speculation by the court a…
• J.W. v. State, 879 So. 2d 680 (Fla. 4th DCA 2004)
  …wo underlying counts in the petition of delinquency. The Second District Court of Appeal held “[w]hen multiple offenses constitute the basis for a delinquency adjudication, separate disposition orders for each offense must be used.” A.V.B. v. State, 715 So. 2d 954 (Fla. 2d DCA 1998). We joined the second district in making this a requirement in B.H. v. State, 721 So. 2d 1200 (Fla. 4th DCA 1998). We now recede from this requirement. We continue to agree with the second district that a trial court must insure…
• Brock v. Bowein, 99 So. 3d 580 (Fla. 2d DCA 2012)
  …stablished on the face of the pleadings.” Patterson v. McNeel, 704 So. 2d 1070, 1072 (Fla. 2d DCA 1997). “A motion to dismiss is not a substitute for a motion for summary judgment.” Al-Hakim, 787 So. 2d at 941; see also Cowder v. Hillsborough Cnty., 715 So. 2d 954, 955 (Fla. 2d DCA 1998) (“The court may not transform a motion to dismiss into a motion for summary judgment.”). The circuit court erred when it disregarded these well-established principles and considered the factual matters that Mr. Bowein argued…

Authorities Cited

• T.A.R. v. State, 640 So. 2d 222 (Fla. 5th DCA 1994)
• Wuestoff Health Sys., Inc. v. Cape Canaveral Hosp. Dist., 703 So. 2d 1245 (Fla. 5th DCA 1998)
• M.L.B. v. State, 673 So. 2d 582 (Fla. 5th DCA 1996)