ERIC FLITE, APPELLANT,
v.
MEDI-TRANS, INC., A/K/A MTI MEDI-TRANS, INC., A/K/A MEDITRANS CORPORATION, A FLORIDA CORPORATION, AND UNITED NATIONAL TRANSPORT NETWORK, INC., A FLORIDA CORPORATION, APPELLEES
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The circuit court granted a defense motion to dismiss, either because the defendant was entitled to immunity under the workers’ compensation statute or because, in an earlier settlement, the plaintiff released the defendant. Resolution of these issues required the court to make factual determinations outside of the pleadings. Ordinarily, affirmative defenses cannot be raised by a motion to dismiss, unless “the face of the complaint is sufficient to demonstrate the existence of the defense.” Wallisville Corp. v. McGuinness, 154 So.3d 501, 504 (Fla. 4th DCA 2015). See also Stubbs v. Plantation Gen. Hosp. Ltd. P’ship, 988 So.2d 683 (Fla. 4th DCA 2008). We reverse and remand for the circuit court to consider the issues by way of summary judgment or an evidentiary hearing.
GROSS, TAYLOR, JJ., and SHEPHERD, CAROLINE, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Stubbs v. Plantation Gen. Hosp. Ltd. P'ship, 988 So. 2d 683 (Fla. 4th DCA 2008)
- Wallisville Corp., Inc. v. McGUINNESS, 154 So. 3d 501 (Fla. 4th DCA 2015)