BERGERON LAND DEVELOPMENT, INC., A FLORIDA CORPORATION, APPELLANT,
v.
FRANK KNIGHT ET AL., APPELLEES
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Bergeron Land Development sought to impress a constructive trust on real property against Frank Knight, Nelio Oramas, and Monico, Inc. The trial court improperly granted a motion for judgment on the pleadings based on judicial notice of prior litigation without proper evidence, violating fundamental procedural rules.
The trial court erred in granting the motion for judgment on the pleadings because it improperly took judicial notice of records from a different case without proper evidentiary foundation, and it failed to accept the non-moving party's well-pleaded allegations as true for purposes of the motion.
[1] A court must accept all well-pleaded allegations of the non-moving party as true when considering a motion for judgment on the pleadings.
[2] A trial court cannot take judicial notice of records from a different case, even if pending or disposed of in the same court, unless those records are formally introduced…
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Join FLexlaw to unlock all legal intelligence“When one party moves for a judgment on the pleadings, the court (for the purpose of the motion) must accept as true all well-pleaded allegations (affirmative and negative) of the nonmoving party.”
Establishes the fundamental procedural requirement that the trial court failed to follow when granting judgment on the pleadings.
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Join FLexlaw to unlock all legal intelligenceBergeron Land Development filed a complaint to impress a constructive trust on real property in Broward County. Individual defendants filed motions to…
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DOWNEY, Judge.
Appellant filed its complaint against appellees Frank Knight, Nelio Oramas, and Monico, Inc., to impress a constructive trust upon certain real property in Bro-ward County.
The individual appellees filed motions to dismiss which were granted with leave to file an amended complaint. The corporate defendant, Monico, Inc., filed an answer containing a general denial and an affirmative defense of res judicata. The court then granted a motion for judgment on the pleadings filed by Monico, Inc., finding that the issues between appellant and Mon-ico, Inc., had been previously litigated in another case in the Circuit Court of Bro-ward County, thus rendering said issues res judicata. No evidence was offered (nor could it properly be) at the hearing on the motion for judgment on the pleadings. Thus, it appears the court purported to take judicial notice of the pleadings, issues, and adjudication in another case lately pending in the same circuit.
Two well known rules control our decision on this appeal. When one party moves for a judgment on the pleadings, the court (for the purpose of the motion) must accept as true all well-pleaded allegations (affirmative and negative) of the nonmoving party. Greater Miami Tel. Answer. Serv. v. A-1 Answer. Serv., Fla.App.1962, 141 So. 2d 619; Kendall Flying School, Inc., v. Robertson, Fla.App.1969, 225 So. 2d 344. The second rule is that “the trial court is not authorized to take judicial notice of the records in a different case pending or disposed of in the same court but outside the record in the case before him.” Kostecos v. Johnson, Fla.1956, 85 So. 2d 594; Novack v. Novack, Fla.App.1967, 196 So. 2d 499; duPont v. Rubin, Fla.App.1970, 237 So. 2d 795. In order to prove some matter contained in the record of a case other than the one being litigated, a party must offer the other court file or certified copies of portions thereof into evidence in the case then being litigated. The improper judicial notice in the present case has harmed appellant prejudicially since there is no way for this court to determine the propriety of the trial court’s conclusion as to the effect of prior litigation on the rights of the parties in the present controversy. The present case is thus distinguishable from Mennella Plastering, Inc., v. Adobe Brick And Supply Co., Inc., Fla.1973, 273 So. 2d 1.
The trial court erred in granting the motion for judgment on the pleadings filed by appellee Monico, Inc. Since the cause must be returned for further proceedings, the trial court is directed to reinstate the lis pendens expunged by order of March 27, 1974, and allow appellant to file an amended complaint against all of the defendants if it be so advised.
Reversed.
WALDEN and MAGER, JJ. concur.
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Excel Ins. Co. v. Brown, 406 So. 2d 534 (Fla. 5th DCA 1981)…s were identical and that res judicata should be applicable.6 AFFIRMED. . See Fla.R.App.P. 9.130(a)(3)(A). . §§ 90.202(6), 90.203, Fla.Stat. (1979). . See Kostecos v. Johnson, 85 So. 2d 594 (Fla. 1956); Bergeron Land Development, Inc. v. Knight, 307 So. 2d 240 (Fla. 4th DCA 1975). . Gulf Tampa Drydock Co. v. Germanischer Lloyd, 634 F. 2d 874 (5th Cir. 1981); deCancino v. Eastern Airlines, Inc., 283 So. 2d 97 (Fla.1973); Coleman v. Coleman, 157 Fla. 515, 26 So. 2d 445 (1946). . Inverness Coca-Cola Bottli…
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Yunkers, 515 So. 2d 419 (Fla. 3d DCA 1987)…Miller v. Eatmon, 177 So. 2d 523 (Fla. 1st DCA 1965); Paradise Pools, Inc. v. Genauer, 104 So. 2d 860 (Fla. 3d DCA 1958). The court must accept as true all well-pleaded allegations of the non-moving party. Bergeron Land Development, Inc. v. Knight, 307 So. 2d 240 (Fla. 4th DCA 1975); Homer, 211 So. 2d at 251. Judgment on the pleadings can be granted only if, on the facts as admitted for purposes of the motion, the moving party is clearly entitled to judgment. Krieger, 387 So. 2d at 1013-14; Miller, 177 So. 2…
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Nat'l Union Fire Ins. Co. of Pittsburgh v. Underwood, 502 So. 2d 1325 (Fla. 4th DCA 1987)…the record of the case under consideration. § 90.204(3), Fla.Stat. (1985). The proper way to handle judicial notice of such records is aptly described in Kelley v. Kelley, 75 So. 2d 191 (Fla.1954). See also Bergeron Land Development, Inc. v. Knight, 307 So. 2d 240 (Fla. 4th DCA 1975). The problem with a trial judge’s browsing through his own court records or calling upon his memory of other cases is that the appellate court is restricted to the record before it to reach its determination of the soundness of t…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kostecos v. Johnson, 85 So. 2d 594 (Fla. 1956)
- Novack v. Novack, 196 So. 2d 499 (Fla. 3d DCA 1967)
- Greater Miami Tel. Answering Serv. v. A-1 Answering Serv., 141 So. 2d 619 (Fla. 3d DCA 1962)
- Samuel Hallock duPONT, Jr. v. Rubin, 237 So. 2d 795 (Fla. 3d DCA 1970)
- Mennella Plastering, Inc. v. Adobe Brick & Supply Co., Inc., 273 So. 2d 1 (Fla. 1973)
- Kendall Flying Sch., Inc. v. Robertson, 225 So. 2d 344 (Fla. 4th DCA 1969)