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.
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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.
[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…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“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)
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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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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Citator
Authorities Cited
- Lewis v. Barnett Bank OF S. Fla., N.A., 604 So. 2d 937 (Fla. 3d DCA 1992)
- Nationstar Mortg., LLC v. Sunderman, 201 So. 3d 139 (Fla. 3d DCA 2015)