MICHAEL EDWARD STOUDT, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Fraternal Order OF Police v. City OF Miami, 384 So. 2d 726 (Fla. 3d DCA 1980)
  …evented the instant independent action. Nothing in the plaintiffs’ complaint referred to the agency action; extraneous matters are not to be brought in by a motion to dismiss [see: Stone v. Stone, 97 So. 2d 352 (Fla. 3d DCA 1957); Hembree v. Reaves, 266 So. 2d 362 (Fla. 1st DCA 1972); Stern v. First National Bank of South Miami, 275 So. 2d 58 (Fla. 3d DCA 1973); Beach Roundhouse Town Corp. v. Skinner, 356 So. 2d 881 (Fla. 3d DCA 1978)] and such would be appropriate to be filed as an affirmative defense. In t…
• Miller v. Miller, 293 So. 2d 760 (Fla. 3d DCA 1974)
  …d as an attempted [*761] alienation of homestead property in violation of constitutional restraints. In testing the sufficiency of a complaint upon a motion to dismiss, all material allegations are taken to be true. Hembree v. Reaves, Fla.App.1972, 266 So. 2d 362; Fletcher v. Williams, Fla.App. 1963, 153 So. 2d 759; Connolly v. Sebeco, Inc., Fla.1956, 89 So. 2d 482. In this light, the appellants’ complaint states a cause of action; and therefore, it was improper to grant the motion to dismiss. Reed v. Fain,…
• Meyers v. Meyers, 430 So. 2d 500 (Fla. 3d DCA 1983)
  …the father. The mother’s petition, the allegations of which must be taken as true, Raney v. Jimmie Diesel Corp., 362 So. 2d 997 (Fla. 3d DCA 1978); Temples v. Florida Industrial Construction Co., 310 So. 2d 326 (Fla. 2d DCA 1975); Hembree v. Reaves, 266 So. 2d 362 (Fla. 1st DCA 1972); Bond v. Koscot Interplanetary, Inc., 246 So. 2d 631 (Fla. 4th DCA 1971), set forth that at the time of the father’s petition upon which the Florida court acted, the minor children had resided within the State of Florida for thre…