CHAD R. BALDWIN
v.
ZMAN ENTERPRISES, LLC, FLORIDA TRAVEL GROUP, LLC, MATTHEW S. WILLIAMS, PROFESSIONAL TRAVEL CENTER, LLC, MYRON S. WILLIAMS AND FLORIDA LEISURE PRODUCTS, INC.

Fla. 5th DCA | 2021-06-08
No. 20-1349
Weiss, J., Wallis, J., Eisnaugle, J., Wozniak, J.
Florida District Court of Appeal, Fifth District (2021)

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Holding

A motion to dismiss must be evaluated solely on the allegations within the complaint, accepting all well-pleaded allegations as true, and the trial court may not consider facts outside the complaint such as those in depositions or affidavits.


Headnotes

[1] A motion to dismiss a complaint must be evaluated by limiting review to the allegations within the four corners of the complaint and accepting all well-pleaded allegation…

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Key Quotes

“In reviewing the propriety of an order dismissing a complaint, we confine our analysis to the four corners of the complaint and accept all well pled allegations as true.”

Standard for reviewing dismissal orders, citing Everidge v. Advantage Venture Partners, Ltd., 880 So. 2d 691, 691 (Fla. 5th DCA 2004)

Facts & Procedural History

Chad R. Baldwin filed a complaint against multiple defendants including Zman Enterprises, LLC, Florida Travel Group, LLC, Matthew S. Williams, Profess…

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Opinion of the Court
Wozniak

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CHAD R. BALDWIN, Appellant, v. Case Nos. 5D20-1349 5D20-1350 5D20-1351

ZMAN ENTERPRISES, LLC, FLORIDA

TRAVEL GROUP, LLC, MATTHEW S.

WILLIAMS, PROFESSIONAL TRAVEL

CENTER, LLC, MYRON S. WILLIAMS

AND FLORIDA LEISURE PRODUCTS, INC., Appellees. ________________________________/ Opinion filed June 8, 2021 Appeal from the Circuit Court for Orange County, Kevin B. Weiss, Judge. Chad R. Baldwin, Orlando, pro se. Bradford Petrino, of Korshak & Associates, P.A., Casselberry, for Appellee Florida Travel Group, LLC. No Appearance for Remaining Appellees.

PER CURIAM.

2 AFFIRMED. See Everidge v. Advantage Venture Partners, Ltd., 880 So. 2d 691, 691 (Fla. 5th DCA 2004) (“In reviewing the propriety of an order dismissing a complaint, we confine our analysis to the four corners of the complaint and accept all well pled allegations as true.”); see also Nationstar Mortg., LLC v. Sunderman, 201 So. 3d 139, 140 (Fla. 3d DCA 2015) (“In determining the merits of a motion to dismiss, the trial court must limit itself to the four corners of the complaint.” (citations omitted)); Lewis v. Barnett Bank of S. Fla., N.A., 604 So. 2d 937, 938 (Fla. 3d DCA 1992) (“The law is well settled that a motion to dismiss a complaint is not a motion for summary judgment in which the court may rely on facts adduced in depositions, affidavits, or other proofs.”).

WALLIS, EISNAUGLE and WOZNIAK, JJ., concur.


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