JACK D. MCWHERTER, APPELLANT,

v.

EUGENE L. SMITH, APPELLEE

Citator

Cited By (11 total)

• United Auto. Ins. Co. v. LAW Offs. OF Michael I. Libman, 46 So. 3d 1101 (Fla. 3d DCA 2010)
  …& Rosenthal Inc., 842 So. 2d 204, 206 (Fla. 3d DCA 2003)). Particularly; “W trial court’s ruling that relief is barred on the grounds of res judicata or collateral estoppel is reviewed de novo.” Felder v. State, Dep’t of Mgmt. Servs., Div. of Ret., 993 So. 2d 1031, 1034 (Fla. 1st DCA 2008) (citing Campbell v. State, 906 So. 2d 293, 295 (Fla. 2d DCA 2004)). “A motion to dismiss under rule 1.140(b) tests whether the plaintiff has stated a cause of action, not whether the plaintiff will prevail at trial.” Lonest…
• Criner v. State, 138 So. 3d 557 (Fla. 5th DCA 2014)
  …to. Ins. Co. v. Law Offices of Michael I. Libman, 46 So. 3d 1101, 1103 (Fla. 3d DCA 2010); W & W Lumber of Palm Beach, Inc. v. Town & Country Builders, Inc., 35 So. 3d 79, 82 (Fla. 4th DCA 2010); Felder v. State, Dep’t of Mgmt. Servs., Div. of Ret., 993 So. 2d 1031, 1034 (Fla. 1st DCA 2008); Campbell v. State, 906 So. 2d 293, 295 (Fla. 2d DCA 2004). While no Florida case is directly on point, several cases guide us to agree with the trial court that Criner’s criminal prosecution was not barred. In State v. Fr…
• Clay Cnty. Educ. Ass'n v. Clay Cnty. Sch. Bd., 144 So. 3d 708 (Fla. 1st DCA 2014)
  …complaint for writ of mandamus. See Walker v. Ellis, 989 So. 2d 1250 (Fla. 1st DCA 2008). A motion to dismiss tests the legal sufficiency of a complaint and does not resolve factual issues. Felder v. State, Dep’t ofMgmt. Servs., Div. of Retirement, 993 So. 2d 1031, 1034 (Fla. 1st DCA 2008). When ruling on a motion to dismiss, the court must consider only the allegations within “the four corners of the plaintiffs complaint” and “must accept the plaintiffs allegations as true and resolve all inferences in the p…

Authorities Cited

• Profile Invs., Inc. v. DELTA Prop. Mgmt., Inc., 957 So. 2d 70 (Fla. 1st DCA 2007)