CHAIMAS PRIDGEN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Neapolitan Enters., LLC v. The City OF Naples, 185 So. 3d 585 (Fla. 2d DCA 2016)
  …egal sufficiency of the complaint. Hussey, 158 So. 3d at 664. In ruling on a motion to dismiss, a trial court is limited to considering the four corners of the complaint along with the attachments incorporated into the complaint. Id.; May v. Salter, 139 So. 3d 375, 376 (Fla. 1st DCA 2014). In the trial court and on appeal, the court must accept the allegations in the complaint as true. Hussey, 158 So. 3d at 664. Normally affirmative defenses such as res judicata and collateral estoppel must be raised in an a…
• Seminole Tribe OF Florida v. State, 202 So. 3d 971 (Fla. 1st DCA 2016)
  …be dismissed is a question of law. Genesis Ministries, Inc. v. Brown, 186 So. 3d 1074, 1076 (Fla. 1st DCA 2016). “Typically affirmative defenses, like res ju-dicata in this case, cannot be properly considered on a motion to dismiss." May v. Salter, 139 So. 3d 375, 376 (Fla. 1st DCA 2014). However, there is an exception to the rule when the prior litigation is plain from the face of the complaint and the party properly requests the court to take judicial notice of prior proceedings. See Livingston v. Spires,…

Authorities Cited

• Murphy v. State, 898 So. 2d 1031 (Fla. 5th DCA 2005)