BOCA GOLF VIEW, LTD., APPELLANT,
v.
HUGHES HALL, INC., APPELLEE
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Boca Golf View appealed the entry of an involuntary dismissal of its breach of contract claim at the close of its case in a non-jury trial. The appellate court reversed, holding that the trial court improperly relied on an affirmative defense that was not pleaded to dismiss the case.
The trial court erred in granting the involuntary dismissal because it relied on an affirmative defense that was not properly pleaded. An affirmative defense not pleaded is deemed waived, and an issue not framed by the pleadings is not an appropriate matter for determination at trial.
[1] An involuntary dismissal is appropriate if the plaintiff fails to establish a prima facie case, and the evidence must be viewed in the light most favorable to the plainti…
[2] A plaintiff establishes a prima facie case for breach of contract by presenting evidence that the defendant breached a contractual duty.
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Join FLexlaw to unlock all legal intelligence“To rule on the motion for involuntary dismissal, the trial court was required to view the evidence in the light most favorable to the plaintiff, resolving every conflict and inference in its favor.”
Establishes the standard of review for involuntary dismissals requiring de novo assessment of whether plaintiff met burden of proof
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Join FLexlaw to unlock all legal intelligenceBoca Golf View entered into a contract with Hughes Hall, Inc. for Hughes Hall to provide a study conforming to the requirements of the City of Boca Ra…
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PER CURIAM.
Boca Golf View, Ltd. (“Boca Golf’), the plaintiff in the trial court, appeals the entry of an involuntary dismissal on its claim for breach of contract at the close of its case in a non-jury trial. We reverse.
Like a directed verdict in a jury trial, an involuntary dismissal is appropriate if the plaintiff fails to establish a prima facie case. See Lustig v. Garcia, 789 So. 2d 482, 483 (Fla. 4th DCA 2001); Miller v. Nifakos, 655 So. 2d 192, 193 (Fla. 4th DCA 1995). To rule on the motion for involuntary dismissal, the trial court was required to view the evidence in the light most favorable to the plaintiff, resolving every conflict and inference in its favor. See Dockery v. Enter. Rent-A-Car Co., 796 So. 2d 593, 599-600 (Fla. 4th DCA 2001).
Boca Golf presented a prima facie case for breach of contract. It contended that appellee, Hughes Hall, Inc., breached its contractual duty to provide a study that conformed to the requirements of the City of Boca Raton. A significant basis of the trial court’s ruling was that Boca Golf caused its own damages by failing to timely submit the study to the City after receiving it. This issue should properly have been raised as an affirmative defense. It was not. Boca Golf preserved its objection to this basis for the court’s ruling.
An affirmative defense not pleaded is deemed waived. See Fla. R. Civ. P. 1.110(d); Martin v. E. Airlines, Inc., 630 So. 2d 1206, 1208 (Fla. 4th DCA 1994); Maxfly Aviation, Inc. v. Gill, 605 So. 2d 1297, 1300 (Fla. 4th DCA 1992) (finding that the failure to mitigate damages was an affirmative defense that should have been specifically pled). “An issue that has not been framed by the pleadings, noticed for hearing, or litigated by the parties” is not an appropriate matter for a trial court’s determination. Gordon v. Gordon, 543 So. 2d 428, 429 (Fla. 2d DCA 1989); see also Fla. Atl. Marine, Inc. v. Seminole Boatyard, Inc., 630 So. 2d 219, 220-21 (Fla. 4th DCA 1993). The trial court erred when it relied on a defense not raised by the pleadings to grant the motion for involuntary dismissal.
The judgment is reversed and the case is remanded for a new trial. See Wimbledon Townhouse Condo. I, Ass’n v. Wolfson, 510 So. 2d 1106, 1109 (Fla. 4th DCA 1987); Panet v. Rexod Corp., 345 So. 2d 825, 827 (Fla. 4th DCA 1977) (reversing for new trial where the court erroneously granted an involuntary dismissal at the close of plaintiffs case); Alcott v. Wagner & Becker, Inc., 328 So. 2d 549, 551 (Fla. 4th DCA 1976).
STONE, GROSS and HAZOURI, JJ., concur.
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Bortell v. White Mountains Ins. Grp., Ltd., 2 So. 3d 1041 (Fla. 4th DCA 2009)…motions to [*1045] dismiss filed by the defendants. See Fla. R. Civ. P. 1.110(d). Therefore, the trial court should not have dismissed counts two and three of the complaint based upon an unpled theory. See Boca Golf View, Ltd. v. Hughes Hall, Inc., 843 So. 2d 992, 993 (Fla. 4th DCA 2003) (“ ‘An issue that has not been framed by the pleadings, noticed for hearing, or litigated by the parties’ is not an appropriate matter for a trial court’s determination.”) (quoting Gordon v. Gordon, 543 So. 2d 428, 429 (Fla.…
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Richard Derouin & KIM Derouin v. Universal Am. Mortg. Co., LLC, 254 So. 3d 595 (Fla. 2d DCA 2018)
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Heartwood 2, LLC v. Shay Dori, 208 So. 3d 817 (Fla. 3d DCA 2017)…g ... [and] [a]ny ground not stated shall be deemed to be waived ....”); S. Mgmt. & Dev., L.P. v. Gardner, 992 So. 2d 919, 920 (Fla. 4th DCA 2008) (holding that affirmative defenses are waived if not pled); Boca Golf View, Ltd. v. Hughes Hall, Inc., 843 So. 2d 992, 993 (Fla. 4th DCA 2003) (reversing the trial court’s involuntary dismissal that was based on an unpled affirmative defense); Sonnenblick-Goldman of Miami Corp. v. Feldman, 266 So. 2d 48, 50 (Fla. 3d DCA 1972) (“When an affirmative defense ... is no…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (12 total)
- Chandler v. State, 543 So. 2d 428 (Fla. 5th DCA 1989)
- Wimbledon Townhouse Condo. I v. Wolfson, 510 So. 2d 1106 (Fla. 4th DCA 1987)
- Alcott v. Wagner & Becker, Inc., 328 So. 2d 549 (Fla. 4th DCA 1976)
- Miller v. Nifakos, 655 So. 2d 192 (Fla. 4th DCA 1995)
- Gordon v. Gordon, 543 So. 2d 428 (Fla. 2d DCA 1989)
- Panet v. Rexod Corp., 345 So. 2d 825 (Fla. 4th DCA 1977)
- Martin v. E. Airlines, Inc., 630 So. 2d 1206 (Fla. 4th DCA 1994)
- Lustig v. Alina Garcia, 789 So. 2d 482 (Fla. 4th DCA 2001)
- Rhodes v. State, 655 So. 2d 192 (Fla. 4th DCA 1995)
- Dockery v. Enter. Rent-A-Car Co., 796 So. 2d 593 (Fla. 4th DCA 2001)