HENRY TIEN
v.
EXCALIBUR TOWING SERVICE CORP.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Henry Tien appeals from a trial court order dismissing his declaratory relief and negligence lawsuit against Excalibur Towing Service Corp. regarding an allegedly illegal vehicle towing and a purported invalid towing lien. The appellate court reversed the dismissal, finding that the trial court improperly resolved disputed factual issues at the motion to dismiss stage.
The trial court improperly dismissed the complaint because the grounds asserted for dismissal hinged on factual findings that could not be resolved at the motion to dismiss stage. When reviewing a motion to dismiss, the court must accept all complaint allegations as true and draw all inferences in favor of the non-moving party.
[1] On review of a motion to dismiss, a trial court may not resolve factual disputes by considering extraneous documents or making factual findings; all allegations in the co…
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 intelligenceTien filed suit against Excalibur Towing Service Corp., claiming his vehicle was illegally towed and seeking damages for vehicle damage as well as a d…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Four Corners Of The Complaint cases and more on FLexlaw
Opinion filed March 19, 2025. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D24-0702 Lower Tribunal No. 21-22013-CC-25 ________________
Henry Tien,
Appellant,
vs.
Excalibur Towing Service Corp., Appellee.
An Appeal from the County Court for Miami-Dade County, Gloria Gonzalez-Meyer, Judge. Henry Tien, in proper person. Herrera Law Firm, P.A. and Jose-Trelles Herrera, for appellee. Before FERNANDEZ, MILLER, and GOODEN, JJ. PER CURIAM.
Appellant, Henry Tien, appeals from an order dismissing the declaratory relief and negligence lawsuit he filed against appellee, Excalibur Towing Service Corp. In his operative complaint, he sought damages he claimed his vehicle sustained during a purportedly illegal towing and a declaration that a towing lien perfected by Excalibur was void and unenforceable.1 Excalibur moved to dismiss, contending that documents attached to its motion established the tow was performed at the direction of law enforcement and complied with the mandates of section 713.78, Florida Statutes (2021). Reiterating that “[i]n considering [a] motion to dismiss, the trial court is limited to the four corners of the complaint, must accept all allegations within the complaint as true, and must draw all inferences in favor of the non-moving party[,]” Del Pino-Allen v. Santelises, 240 So. 3d 89, 91 (Fla. 3d DCA 2018), we conclude that the grounds asserted in furtherance of dismissal hinged on factual findings that could not be properly resolved at this stage of the proceedings. Accordingly, we are constrained to reverse.
Reversed and remanded.