CARLTON J. CLARK, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (11 total)

• Halsey Minor & Save Hialeah Racing, Inc. v. Brunetti, 43 So. 3d 178 (Fla. 3d DCA 2010)
  …ers of the complaint. We agree. “A motion to dismiss is designed to test the legal sufficiency of the complaint, not to determine factual issues.” See The Fla. Bar v. Greene, 926 So. 2d 1195, 1199 (Fla.2006). See also Chodorow v. Porto Vita, Ltd., 954 So. 2d 1240, 1242 (Fla. 3d DCA 2007). The trial court may not rely on facts offered in depositions, affidavits, or other proofs. See Jordan v. Griley, 667 So. 2d 493 (Fla. 3d DCA 1996); Lewis v. Barnett Bank of S. Fla. N.A., 604 So. 2d 937 (Fla. 3d DCA 1992). R…
• Darrel Bilbrey v. Myers, 91 So. 3d 887 (Fla. 5th DCA 2012)
  …int, not determine factual issues. Fla. Bar v. Greene, 926 So. 2d 1195, 1199 (Fla.2006). “Unlike a motion for summary judgment, the trial court may not rely on facts adduced in depositions, affidavits, or other proofs.” Chodorow v. Porto Vita, Ltd., 954 So. 2d 1240, 1242 (Fla. 3d DCA 2007); but see Mancher v. Seminole Tribe of Fla., Inc., 708 So. 2d 327, 328 (Fla. 4th DCA 1998) (discussing limited circumstances where court may consider attached affidavit to motion to dismiss, including determination of subject…
• Nitza Soledad Perez v. Maldonato, 324 So. 3d 1011 (Fla. 3d DCA 2021)
  …y of the complaint, not to determine factual issues.” The Fla. Bar v. Greene, 926 So. 2d 1195, 1199 (Fla. 2006). On review of a motion to dismiss, the trial court is confined to the four corners of the complaint. See Chodorow v. Porto Vita, Ltd., 954 So. 2d 1240, 1242 (Fla. 3d DCA 2007). We agree that the trial court violated due process because it did not provide Perez with notice of an evidentiary hearing and a meaningful opportunity to be heard. The trial court went beyond simply testing the legal su…

Authorities Cited

• Baker v. State, 878 So. 2d 1236 (Fla. 2004)